INTD 200 Lecture Notes - Lecture 13: Religious Intolerance, International Criminal Court, Universal Declaration Of Human Rights

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Lecture 13: Human Rights Implementation and
Enforcement
12/16/12 9:22 AM
The enforcement of human rights standards is very difficult.
How do we enforce these standards?
When a country ratifies a convention, the first thing a country must do is
implement it in their country first.
Make it a law
Enforce it at home
Institutions
Problem: sometimes they are phony and never disagree with the
government in power
1993: Paris Principles
set standards for human right institutions and commissions at the
national level
human rights commission must be independent, have the ability to
receive complaints
Enforcement Internationally
Can’t enforce, but can embarrass or shame a country
International Criminal Court can though
Charter Based: Institutions which flow from the charter of the
united nations, based on articles within the UN charter which allow
them to set up institutions
o General Assembly, Third Committee, Security Council,
Secretary General
o Specific: UN Human Rights Council, sub-committee for the
protection and enforcement of human rights, special raptors
Treaty Based: set up under the individual human rights treaties
o All conventions have articles within them stating under this
commission there will be a committee set up
o Attempt to enforce with respect to the states parties to the
convention
Commission on Human Rights: drafted the UDHR, 1946-2006,
replaced by UN Human Rights Council ! attempt at reform
o Needed reform: had 53 members who were appointed to the
commission for 3 years; became dysfunctional (east//west
conflict)
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o Things that worked well
" 15-0-3 resolutions: allowed private individuals to make
complaints to the commission
(complaints=communications)
" Special Rapporteur: appointed to look into (thematic or
country Rapporteurs) specific things; can go anywhere
in the world to investigate on the spot an issue
# Religious intolerance
# Child
UN Human Rights Council
o Smaller than the commission, 47 members
o Appointed for 3 years, 2 terms max.
o Elected by secret ballot by the general assembly (unlike the
commission who were elected by ECOSOC not by secret
ballot)
o Had to sign a written commitment to Human Rights
o Universal Periodic Review: every member of the UN had to
come up to the HR Council has to come up for review once
every 3 to 4 years
International Criminal Court
Genocide
War crime
Crimes against humanity
Countries that ratify agree to try and arrest an accused individual if
they are in their country
Rejected the death penalty
Headquartered in the Hague
Enforcement in States
Truth and Reconciliation Commissions: a way of dealing with crimes
committed during national wars
o South Africa following the Apartheid
o Argentina after the War
o Chile
o East Germany
o If someone admitted to their crime, and showed that they
were sincerely sorry for it, they could be let off
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