REGNRSG 105 Lecture Notes - Lecture 3: International Covenant On Civil And Political Rights, Universal Declaration Of Human Rights, Negative And Positive Rights
Chapter 9 of International Law: International Human Rights
International law: horizontal legal system → avoidance of undue friction
between sovereign states: sovereign authority exercised within state
Conception of human rights based on understanding that human rights are
inherent to all individuals and have universal application.
Art. 1(3) UN Charter: promoting of respect for human rights and fundamental
freedoms is one of primary purposes of organization.
1948 → creation of Universal Declaration of Human Rights (UDHR) →
everyone born free and equal
Sources of human rights law
General conventions: ICCPR and ICESCR; deal with wide array of human
rights;
Provisions of particular human rights issue: CEDR, CAT, ICPPED;
Conventions to protect categories of individuals deemed vulnerable:
CEDAW, CRC, ICRMW, CRPD;
Regional human rights conventions: ECH, American Convention on Human
Rights, African Charter on Human Rights and Peoples’ Rights
Customary International Law
The Categories of human rights
Human rights divided into categories that reflect the nature of the rights and the
evolution of international human rights law:
- Civil and political rights: first generation human rights; constitute backbone
of general human rights treaties
➢ Include prohibition of torture and slavery, right to life, liberty, fair trial,
equality before law and freedom of speech;
➢ Negative rights: primarily seek to offer protection from excess of state;
concerned with freedom of government; most rights of civil and political
nature; some positive action from state however required from state for
creation of effective police force and well-functioning judicial system;
➢ Right to human dignity and life, prohibition against torture and abolition
of death penalty;
➢ Freedom is another core right:
Intellectual freedom: freedom of expression, thought,
conscience, religion, association and peaceful assembly; can be
limited if required to fulfil a legitimate purpose;
Physical freedom: right to liberty, prohibition of arbitrary
detention and freedom of movement.
➢ Non-discrimination: obligation on all states to respect and ensure
enjoyment of rights without distinction on basis of race, sex, language,
religion, political opinion or national or social origin;
➢ Principles of justice and fairness: proper administration of justice, fair
trial, prohibition of retroactive criminality;
- Economic and Social issues: second generation human rights, primarily
found in ICESCR
➢ Include right to work, adequate working conditions including fair wages,
social security, adequate living standard, physical and mental health and
education;
➢ Positive rights: require element of state action and initiative;
➢ Judicial enforcement is much weaker than civil and political rights;
- Collective rights: protection of various groups of individuals, most
particularly vulnerable ones;
➢ Genocide Convention case: obligation of states to prevent and punish
acts which intend to destroy a national, ethnical, racial or religious group
as such;
➢ Right of self-determination: all people have right to determine their
political status and pursue their economic, social and cultural
development;
➢ Protection of minorities, such as ethnic or religious one.
Human rights and responsibility for private acts
State responsibility and attribution of international law
Only state can violate international human rights law, but responsibility can be
triggered by acts of private actor, and private individuals.
Document Summary
Chapter 9 of international law: international human rights. International law: horizontal legal system avoidance of undue friction between sovereign states: sovereign authority exercised within state. Conception of human rights based on understanding that human rights are inherent to all individuals and have universal application. 1(3) un charter: promoting of respect for human rights and fundamental freedoms is one of primary purposes of organization. 1948 creation of universal declaration of human rights (udhr) everyone born free and equal. General conventions: iccpr and icescr; deal with wide array of human rights; Provisions of particular human rights issue: cedr, cat, icpped; Conventions to protect categories of individuals deemed vulnerable: Regional human rights conventions: ech, american convention on human. Rights, african charter on human rights and peoples" rights. Human rights divided into categories that reflect the nature of the rights and the evolution of international human rights law: Civil and political rights: first generation human rights; constitute backbone of general human rights treaties.
