Introduction: Foundation, history and general …– Dorothée Baumann-Pauly/Justine Nolan (eds.),...

Institute for International Law

Introduction:

Foundation, history and general concept of

human rights

Prof. Christine Kaufmann & Ron Popper

International Human Rights, Spring Term 2019

20 February 2019


Introduction to the course programme

11 sessions

– International human rights system

– Visit to the UN

– Focus on business and human rights (BHR)

– Context of business and human rights, also from the business perspective

– Legal developments

– Supply chains and human rights

– Organisation for Economic Co-operation and Development (OECD)

– Sectoral studies

– Human rights in the garment industry

– Human rights and mega sport events

20 February 2019 Human Rights – Introduction – Christine Kaufmann & Ron Popper, Spring Term 2019


Organisational issues and expectations (1/2)

Mandatory reading assignments and the slides are regularly posted on: http://tiny.uzh.ch/br

1. Choose «Universität Zürich» from the drop down list

2. Log in with your UZH-Account (UZH-Shortname and password)

3. Click on «Dashboard»

4. Pick «International Human Rights FS 2019» from the UZH list and enroll in the course with the password

Access moodle platform regularly!


http://tiny.uzh.ch/br

http://tiny.uzh.ch/br


Organisational issues and expectations (2/2)

Read and be prepared for each class; participate in class discussions

Recommended books:

– Blackstone’s International Human Rights Documents, 11th Ed., Oxford 2018

– Daniel Moeckli/Sangeeta Shah/Sandesh Sivakumaran (eds.), International Human Rights Law, 3rd ed.,

Oxford 2018

– Dorothée Baumann-Pauly/Justine Nolan (eds.), Business and Human Rights - From Principles to Practice,

London/New York 2016

– John Ruggie, Just Business – Multinational Corporations and Human Rights, New York/London 2013

Exam at the end of the term, form (oral or written) will be announced by the end of March

– Mobility Exam

– Regular Exam



Excursion to Geneva

Excursion to Geneva on 15 May

– details will be announced later on the moodle platform

– If you would like to join, please send an email to [email protected]

Subject: Trip to Geneva

Content:

o full name as in passport / ID

o passport / ID number

o phone number (only for internal use in case of emergency)

o indicate whether you are interested to do a guided tour through the UN Premises (CHF 13.- per

person)

Deadline for registration: Friday, March 1st


mailto:[email protected]


Overview

History before World War II: Bates pp 3-21

Core internationally recognized human rights

– International Bill of Human Rights:

From the Universal Declaration of human rights to the ICCPR and the ICESCR

Relationship between the UDHR and the ICCPR and the ICESCR

– ILO Introduction and Overview

ILO Declaration on Fundamental Principles and Rights at Work

ILO Conventions

– Convention on the Rights of the Child (CRC)



Universal Declaration of Human Rights (UDHR)

Resolution of the UN General Assembly 1948

– Formally non binding recommendation, develops into soft law

– Authoritative interpretation of the UN Charter?

– Customary international law?

– Goal: “as a common standard of achievement for all peoples and all nations”

Supported by the great majority of states (8 abstentions)

Special moral and normative status

Rights contained

– Civil and political liberties

– Social and economic justice



From the UDHR to the ICCPR and the ICESCR

Political environment hinders the development of a single comprehensive human rights instrument

– International Covenant on Civil and Political Rights (ICCPR), adopted 1966, entered into force 1976

– International Covenant on Economic, Social and Cultural Rights (ICESCR), adopted 1966, entered

into force 1976

ICCPR and ICESCR as binding treaties

– Legal obligations for the parties

– Each covenant establishes a distinct enforcement system (monitoring mechanisms)

– General principles of international law apply, e.g.

– Interpretation

– Reservations

– ICCPR and ICESCR as complementary treaties, not as alternatives



Relationship between UDHR and ICCPR (1/4)

Individual rights as the basis for both instruments

– Group or collective rights as exception

– Emphasis is on rights of the individual, obligations are generally imposed on the state

ICCPR takes up many rights from the UDHR

– More detailed

– Right to own property is missing in the ICCPR

Different legal nature

– ICCPR as treaty law

– UDHR as customary international law (controversial) or soft law




Art. 28 UDHR

Everyone is entitled to a social and international order in which the rights and freedoms set forth in this

Declaration can be fully realized.

Art. 2 (1) ICCPR

Each State Party to the present Covenant undertakes to respect and to ensure to all individuals

within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without

distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national

or social origin, property, birth or other status.




General limitation clause in the UDHR: Art. 29 (2)

Detailed limitation clauses for states’ obligations under the ICCPR

– Public emergency (Art. 4)

– Specific limitation clauses

– Public safety, order, health or morals (eg Art. 18, 19)

– Limitations necessary in a democratic society

(eg Art. 21, 22)

Different structure of remedies

– UDHR stops with declaration of rights

– ICCPR provides detailed remedy mechanism




Capital punishment

– Art. 5 UDHR bans cruel, inhuman or degrading punishment.

No reference to death penalty:

No one shall be subjected to torture or to cruel, inhuman or degrading

treatment or punishment.

– Art. 6 para. (2) ICCPR provides minimal procedural guarantees

when death penalty is imposed:

In countries which have not abolished the death penalty, sentence of

death may be imposed only for the most serious crimes in accordance

with the law in force at the time of the commission of the crime and not

contrary to the provisions of the present Covenant and to the Convention

on the Prevention and Punishment of the Crime of Genocide. This penalty

can only be carried out pursuant to a final judgement rendered by a

competent court.

Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the

abolition of the death penalty, adopted December 1989

Ban Ki-Moon, World Day against the

Death Penalty: http://tiny.uzh.ch/bR


http://tiny.uzh.ch/bR


Origin of economic, social and cultural rights

Industrialisation in Europe (“Manchester liberalism”)

– Economic exploitation of workers

– Impoverishment

– States take measures to address social problems, e.g. Bismarck in Germany (concept of the welfare state)

– Different levels of state obligations

Working conditions as an international concern: foundation of the ILO in 1918

Four freedom speech by F.D. Roosevelt (1941)

Relationship between UDHR and ICESCR



Convention on the Rights of the Child (CRC)

Diverse drafting group: governments, NGOs and specialized agencies: UNHCR, ILO, UNICEF, WHO

Adopted unanimously 1989, entered into force 1999

Most widely and rapidly adopted: 196 state parties

General principles

non-discrimination

best interests of the child

the right to life, survival and development

the views of the child

30th anniversary 2019: http://childrightshub.org/en/


http://childrightshub.org/en/

http://childrightshub.org/en/


Obligations under the UN Covenants



International Labour Organization (ILO) (1/2)

Part of the UN but longer history than the UN

– Founded in 1919 by the Treaty of Versailles

– Constitution: organization centrally concerned with social justice for universal and lasting peace

– Mandate to improve labour conditions of workers

– Tripartite representation: Governments, employers and employees (trade unions)

Long history of standard-setting work within the realm of economic rights (related to work)

ILO Declaration on Fundamental Principles and Rights at Work (1998)

“[…] all Members, even if they have not ratified the Conventions in question, have an obligation arising from the

very fact of membership in the Organization to respect, to promote and to realize, in good faith and in

accordance with the Constitution, the principles concerning the fundamental rights which are the subject of

those Conventions.”

Human Rights – Introduction – Christine Kaufmann & Ron Popper, Spring Term 2019 20 February 2019


International Labour Organization (ILO) (2/2)

Fundamental conventions are those on:

– Non-discrimination (ICCPR, article 2; ICESCR, article 2)

– Forced labour

– Child labour

– Freedom of association (ICCPR, article 22; ICESCR, article 8)

Monitoring of state compliance with ILO conventions

– Supervisory body considers government reports; along with report of employers and employees

– Committee on Freedom of Association to examine complaints of violations of freedom of association,

irrespective of whether the country had ratified these core conventions. Complaints may be brought

against a member state by employers' and workers' organizations.

Human Rights – Introduction – Christine Kaufmann & Ron Popper, Spring Term 2019 20 February 2019

Introduction: Foundation, history and general …– Dorothée Baumann-Pauly/Justine Nolan (eds.),...

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Transcript of Introduction: Foundation, history and general …– Dorothée Baumann-Pauly/Justine Nolan (eds.),...