THE UNITED NATIONS HUMAN RIGHTS SYSTEM

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THE UNITED NATIONS HUMAN RIGHTS SYSTEM Presented by: Jennifer M. Cornejo

Transcript of THE UNITED NATIONS HUMAN RIGHTS SYSTEM

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THE UNITED NATIONS HUMAN

RIGHTS SYSTEMPresented by: Jennifer M. Cornejo

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The United Nations (UN) has created a global structure forprotecting human rights based largely on its Charter, non

binding declarations, legally binding treaties, and on

various activities aimed at advancing democracy and

human rights throughout the world

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UN·s system of HR protection

` It establishes international standards through its Charter,legally binding treaties, non-binding declarations,

agreements and documents.

` It has mandates, Special Rapporteurs and experts groups

to work in various manners for the promotion andprotection of human rights

` It offers technical assistance through the Voluntary Fund

for Advisory Services and Technical Assistance in the field

of Human Rights.

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HISTORICAL DATES

1899 International Peace Conference in The Hague

1919 Treaty of Versailles, founded League of Nations

1946 League of Nations was dissolved

June 12,1941 Inter-Allied Declaration

August

14, 1941

Roosevelt and Churchill signed Atlantic Charter

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January 1,

1942

26 Allied nations signed the Declaration by

United Nations

October 

30, 1943

USSR, UK, US & China signed agreement

September 

1 October 

7, 1944

D mbarton Oaks Conference

February

11, 1945

Roosevelt, Ch rchill & Stalin anno nced their

resol tion

1945

50 co ntries adopt Charter of United Nationson Jan ary 25 San Francisco Conference

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Charter·s preamble

` "We the peoples of the United Nations determined«to

reaffirm faith in fundamental human rights, in the dignity 

and worth of the human person, in the equal rights of 

men and women and of nations large and small «´

Charter·s goal

` "«T o achieve international co-operation in solving 

international problems of an economic, social, cultural or humanitarian character, and in promoting and 

encouraging respect for human rights and for 

fundamental freedoms for all without distinction as to

race, sex, language, or religion«"

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January

10, 1946

First meeting of General Assembly of UN

January

17, 1946

Security of Council meets for the first time

December 

10, 1948

General Assembly adopts UniversalDeclaration of Human Rights

October 

4, 1949

UN Headquarters were first established inNew York City

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QUESTION???

`Who was the US President whosuggested the term ´UNITED

NATIONSµ` Answer: President Roosevelt

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`What was the charter signed

by Churchill and Roosevelt,

1941?` Answer: Atlantic Charter 

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UN HUMAN RIGHTS SYSTEM

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Main Bodies of the United Nations

` General Assembly

` Secretariat

` Security Council

` International Court of Justice

` Economic and Social Council (ECOSOC)

` Trusteeship Council

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Charter-Based Mechanism for Human

Rights Protection and Promotion

` Universal Declaration of Human Rights

` Commission on Human Rights

` Sub-commission on the Promotion and

Protection of Human Rights

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Universal Declaration on Human Rights

` One of the first international document to be based onthe idea that rights are guaranteed to each human being.

` Aim of establishing world peace by promoting human

rights

` Although it is not legally binding, it has createdinternational human rights standards that are codified in

various international treaties.

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Universal Declaration on Human Rights

` Sought to include the whole spectrum of human rightsfrom cultural, social and economic to civil and political

rights.

` Consist of 30 articles specifying basic rights guaranteed to

each individual.

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Article 1 & 2

` All humans share universal equality and that thisequality is based on the fundamental dignity bestowed

upon humanity

` Article 1 ´We Are All Born Free and Equalµ

` Article 2 ́ Don·t Discriminateµ

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Civil and Political Rights

(Article 3 to 21)

Article 13 ´Freedom to MoveµArticle 14 ´The Right to Seek a Safe Place to Liveµ

Article 15 ´Right to a Nationalityµ

Article 16 ´Marriage and Familyµ

Article 17 ´The Right to Your Own Thingsµ

Article 18 ´Freedom of Thoughtµ

Article 19 ´Freedom of Expressionµ

Article 20 ´The Right to Public AssemblyµArticle 21 ´The Right to Democracyµ

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Economic, Social and Cultural Rights

(Article 22 to 27)

` Rights are specified as an indispensable aspect of anindividual·s life, being necessary for one·s dignity and

personal development, and include economic rights.

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Economic, Social and Cultural Rights

(Article 22 to 27)

Article 22 ´Social SecurityµArticle 23 ´Workers· Rightsµ

Article 24 ´The Right to Playµ

Article 25 ´Food and Shelter for Allµ

Article 26 ´The Right to Educationµ

Article 27 ´Copyrightµ

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Article 28 to 30

` General framework to provide for the enjoyment of human rights

Article 28 ´A Fair and FreeWorldµ

Article 29 ´Responsibilityµ

Article 30 ´No One Can Take Away Your

Human Rightsµ

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QUESTION???

`What does ARTICLE 1 of UDHR states?

`  Answer: Article 1 ́ We Are All Born Free and 

Equalµ 

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Commission on Human Rights

` Charter-based body that most directly deals with the areaof human rights

` Assisted by the Sub-Commission on the Promotion and 

Protection of Human Rights, individual experts, representativesand Special Rapporteurs.

` It has formed standards relating to the right to

development, civil and political rights, economic, socialand cultural rights, the elimination of racial discrimination,torture, the rights of the child and the rights of humanrights defenders.

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Monitoring Human Rights 

` 1503 Procedure and 1235 Procedure` Special Procedures

` Fact-finding missions

` Thematic mechanisms or mandate` Advisory services

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1503 Procedure

` It is activated when the Commission receives acommunication about a consistent pattern of gross

human rights violations

` Report may not be an anonymous one yet does not

require the consent of the state concerned for aninvestigation to take place.

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1235 Procedure

` Commission on Human Rights may invoke the 1235 Procedure under which it can hold an annual public

debate about the gross violation

` The Commission may move to have ECOSOC pass a

resolution condemning the violators.

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Fact-finding mission

` An expert or group of experts studies the human rightssituation and looks for violations in a given state with the

purpose of gathering information for a 1503 or a 1235 

procedure.

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Thematic Mechanism or Mandate

` Working groups and/or Special Rapporteurs investigatehuman rights violations and the problems they have

caused on a multi-state level. Recently, there has been an

increase in the number of Special Rapporteurs

investigating human rights issues.

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Advisory Services

` The Commission provides educational and informationalassistance to states in order to help them observe a high

level of human rights protection.

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Sub-Commission on the Promotion and

Protection of Human Rights

` It serves as the main subsidiary body to the Commission

on Human Rights

` Mission:´to undertake studies under the guidance of the

UDHR and to make recommendations to theCommission on Human Rights concerning the prevention

of discrimination of any kind relating to human rights and

fundamental freedoms and the protection of racial,

national, religious and linguistic minorities. µ

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High Commissioner for Human Rights

` Carries out the Secretary-General's "good offices" dutiesrelating to human rights, and is accountable to the

Economic and Social Council as well as the Secretary-

General

` Holds the principal position of promoting human rightsand dealing with human rights activities in the UN, and

must also maintain dialogue with all member states on

the subject of human rights.

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Responsibilities of the High

Commissioner

` crisis management;` prevention and early warning of abuses;

` assistance to states in periods of political

transition;` promotion of substantive rights to

governments;

` and coordination and rationalization of humanrights programs.

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` The Commissioner is assisted by a Deputy tothe United Nations High Commissioner for

Human Rights.

` Office of the High Commissioner for HumanRights (OHCHR)

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QUESTION???

` When a 1503 Procedure has failed to stop a humanrights violation it has investigated, the Commission on

Human Rights may invoke the ______ Procedure

`  Answer: 1235 Procedure