POLC38H3 Lecture Notes - Lecture 9: Soft Law, International Covenant On Civil And Political Rights, Reproductive Rights
POLC38 – Lec 9
International human rights
• We need to abide my international law but the reality is diff. why do we have laws in
plae if e do’t respet the? Why do e hae so ay treaties ad stuff ut ppl still
do’t aide y the?
Nature of human rights
• They are born with human beings
• Given by god/nature. We all have same way of coming into the life and have the same
existence so should all be treated equally
• We are all the same and must be given equal value
• 1993 vienna declaration defines this by fundamental freedoms + protections + first
responsibility of govs
• human rights guaranteed in the constitutions of many states
• many states still violate tho (illegally or legally thru national emergencies like war. States
need to limit some of the rights of the constitution)
o even the reasonable limits clause in charter r&f
• redress is asked in courts if they feel something is violating their right
rise of international human right
• originated from UK and the magna carta
o document for British lords to protect them from the king
o then taken it up by others
• 1945 = creation of the UN
o rise of human rights from this
o 1938 = declaration of human rights
o legally speaking should be recognised by everyone but depends on countries as
they differ from the perspectives of cultural/social/etc. rights
• the charter preamble reaffirms faith in fundamental human rights + equal rights for men
and women
• first time an international organisations included individuals in the discussions of
international law
• article 55(c) = universal respect for human and fundamental rights without distinction of
race, age, etc
international HR and the UN
• soft law. Not binding
• UN harter did’t estalish a syste of HR protetio. Did’t say HR eloged to IL
o But encouraged adoption of various treaties and conventions
o Helped to exert political pressure on states and int organisations
• Conventions
o ICCPR
find more resources at oneclass.com
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Document Summary
Nature of human rights: they are born with human beings, given by god/nature. Not binding: un (cid:272)harter did(cid:374)"t esta(cid:271)lish a syste(cid:373) of hr prote(cid:272)tio(cid:374). Did(cid:374)"t say hr (cid:271)elo(cid:374)ged to il: but encouraged adoption of various treaties and conventions, helped to exert political pressure on states and int organisations, conventions. Icerd: cedaw, cat, crc, mot important = iccpr and icescr, economic and social council int covenant of civil and political rights. Int covenant of economic, social and cultural rights: both came in 1966 but proper came in effect 10 yrs later, others above = significant and important styll. Its provisions incorporated in other treaties protects hr has 47 members and 13 have to be african, 13 asia, 8 latin, 7 western. Europe, 6 eastern european, etc. for equality and equal share. Not so western: each member for 3 yrrs. The 9 core treaty laws are legally binding by signing them.
