Buys-Bringing Human Rights Home PP 7-08

8/9/2019 Buys-Bringing Human Rights Home PP 7-08

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Bringing HumanRights Home

Associate Professor Cindy Galway Buys

Southern Illinois University School of Law


2/11

United Nations UniversalDeclaration of Human Rights

The General Assembly (GA of the United

!ations (U! ado"ted the #eclaration as a non$

le%ally bindin% resolution on #ecember &' &)*+

The U! GA called on all member states to

"ublici,e the te-t of the #eclaration and to

educate their citi,ens about the #eclaration

The #eclaration "roclaims a .common standardof achievement for all "eo"les and all nations/


3/11

European Convention for theProtection of Human Rights andFundamental Freedoms

Ado"ted by the members of the Council of

0uro"e on !ovember * &)1' Based on common 0uro"ean herita%e of

"olitical traditions ideals freedom and therule of law

Intended to ta2e the first ste"s towardscollective enforcement of certain of the ri%htsstated in the Universal #eclaration


4/11

Some Common Rights

3i%ht to life liberty and security of "erson Prohibition of torture cruel inhuman or de%radin%

treatment or "unishment

Prohibition of slavery and forced labor 3i%ht to a fair trial 4reedom of thou%ht conscience and reli%ion 4reedom of e-"ression

4reedom of association and assembly Prohibition on discrimination53i%ht to e6ual

"rotection before the law


5/11

Evolution of the International

Human Rights Sstem

!orm creation

Institution buildin% Im"lementation


6/11

!ithuanian Constitution

Article 135

In im"lementin% its forei%n "olicy the3e"ublic of Lithuania shall follow the

universally reco%nised "rinci"les and normsof international law shall strive to safe%uardnational security and inde"endence as wellas the welfare basic ri%hts and freedoms of

its citi,ens and shall contribute to thecreation of the international order based onlaw and 7ustice8


7/11

!ithuanian Constitution

continuedArticle 138 International treaties which are ratified by the

Seimas of the 3e"ublic of Lithuania shall be

a constituent "art of the le%al system of the

3e"ublic of Lithuania8


8/11

"erman Constitution

Article 25

The %eneral rules of international law shall be

an inte%ral "art of federal law8 They shall

ta2e "recedence over the laws and directly

create ri%hts and duties for the inhabitants of

the federal territory8


9/11

United #ingdom

!o constitutional "rovision addressin%

international law

International law is incor"orated into

domestic law by statute "assed by

Parliament

9uman 3i%hts Act of &))+ was ado"ted .to

%ive further effect to ri%hts and freedoms%uaranteed under the 0uro"ean Convention

on 9uman 3i%hts/


10/11

United States Constitution

Article :I ; and all Treaties made or which shallbe made under the Authority of the UnitedStates shall be the su"reme Law of theLand> and the ?ud%es in every State shall be

bound thereby any Thin% in the Constitutionor Laws of any State to Contrarynotwithstandin%8


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Vienna Convention on ConsularRelations Article 36: Communicationand contact with nationals of thesending State

1.b. if he so re6uests the com"etent authorities of thereceivin% State shall without delay inform theconsular "ost of the sendin% State if within itsconsular district a national of that State is arrestedor committed to "rison or to custody "endin% trial oris detained in any other manner8 Any communicationaddressed to the consular "ost by the "ersonarrested in "rison custody or detention shall beforwarded by the said authorities without delay8 Thesaid authorities shall inform the "erson concernedwithout delay of his ri%hts under this sub"ara%ra"h>

Buys-Bringing Human Rights Home PP 7-08

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