Human Rights Standards and InstrumentsHuman Rights Standards and Instruments

EQUITAS – International Centre for Human Rights Education – January 2014EQUITAS – International Centre for Human Rights Education – January 2014

The rights a person has, simply because he or she is a human being.•Universal legal guarantees•Protect human values (freedom, equality, dignity)•Inherent to individuals and, to some extent, groups•Grounded in international norms and standards•Legally binding on States

What are human rights?What are human rights?

Where do human rights come from?Where do human rights come from?

Common mythsCommon myths

• Human rights = civil and political rights• Economic, social, and cultural rights (e.g.,

healthcare, housing) are privileges• HR apply only in poor, foreign countries• HR Only concerned with violations• Only lawyers can understand human rights

Civil and political

Economic, social & cultural

Specific groups

Collective rights

Life, security, integrity, fundamental freedoms…

Education, health, work, food, housing, participation in cultural life…

Women’s right, rights of indigenous peoples, children’s rights, rights of persons with disabilities, rights of migrant workers

Free determination, development, environment

Categories of human rightsCategories of human rights

Progressive realization of economic, Progressive realization of economic, social and cultural rightssocial and cultural rights

The Covenant provides that States can progressively realize ESC rights:•By taking appropriate measures•To the maximum of available resources•Where needed, through international assistance and cooperation

But some aspects need immediate actions:•Elimination of discrimination•Rights that are not resource-dependent•Obligation to ‘take steps’ and have targeted measures, irrespective of resource constraints•Avoid retrogressive measures•‘Minimum core obligations’

Source: UNDAF (HRBA Portal)

The Human Rights Protection SystemThe Human Rights Protection System

What is the difference between a What is the difference between a Declaration and a Convention?Declaration and a Convention?

Declaration - morally binding

Convention - legally binding Covenant Treaty

What is the foundation of the What is the foundation of the current human rights system?current human rights system?International Bill of Rights

• Universal Declaration of Human Rights (UDHR)

• International Covenant on Civil and Political Rights (ICCPR)

• International Covenant on Economic Social and Cultural Rights (ICESCR)

• Signature

• Ratification

• Accession

The implementation steps The implementation steps

Duty-bearersDuty-bearers

RespectRespect ProtectProtect FulfillFulfill

Prevent others from interfering with the enjoyment of rights

Prevent others from interfering with the enjoyment of rights

Refrain from interfering with the enjoyment of rights

Refrain from interfering with the enjoyment of rights

Adopt appropriate measures towards full realization of rights

Adopt appropriate measures towards full realization of rights

Human rights obligationsHuman rights obligations

Right to water

Do not disconnect supply without due process

Pro-poor price regulation when supply is privatized

Ensure, over time, everyone is connected

Source: UNDAF (HRBA Portal)

Global and regional protection are complementary

Global and regional norms require national implementation

National norms should be consistent with global and regional standards

Links between national, regional and Links between national, regional and international protection systemsinternational protection systems

Source: UNDAF (HRBA Portal)

UN CharterUN CharterUDHRUDHR

ICCPRICCPR ICESCRICESCR

CERD CEDAWCEDAW

CATCATCRC

NationalConstitutions

and Laws

CMWOther International

Instruments (humanitarian,

specialized agencies)

Regionalinstruments

CRPD

Human rights instrumentsHuman rights instruments

CPED

Fundamental Labour Conventions

OPs

Source: UNDAF (HRBA Portal)

The UN human rights systemThe UN human rights system

Human development• Process of enhancing

people’s capabilities• Expand choices and

opportunities• Lead a life of respect

and value

human rights• Claims to be protected

from abuses and deprivations

• Secure the freedom for a life and dignity

• Requires capacity that development makes possible

Links between …Links between …

AND

…Status of ratification

…Whether a Country’s pledge to the HRC exists

…Recent Treaty Body concluding observations

…Recent State reports to Treaty Bodies

…Recent visits of Special Rapporteurs or statements and communications on the country

…Calendar of upcoming events and SP country visits

…Recent outputs of monitoring mechanisms of specialized agency instruments (e.g. ILO supervisory bodies)

Check out….Check out….

http://www.ohchr.org/EN/Countries/Pages/HumanRightsintheWorld.aspxhttp://www.ohchr.org/EN/Countries/Pages/HumanRightsintheWorld.aspx

…Status of ratification

…Whether a Country’s pledge to the HRC exists

…Recent Treaty Body concluding observations

…Recent State reports to Treaty Bodies

…Recent visits of Special Rapporteurs or statements and communications on the country

…Calendar of upcoming events and SP country visits

…Recent outputs of monitoring mechanisms of specialized agency instruments (e.g. ILO supervisory bodies)

Illustrates….Illustrates….