ECH 2300 Study Guide - Final Guide: International Human Rights Law, Universal Declaration Of Human Rights, Human Rights Education
21 Jun 2018
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Module 1
What is an international human right?
- Same as a civil right? Same as Charter of Freedoms (Canada)?
- Labour rights, women’s rights… all human rights?
- Who is responsible: states or rebel (Syria)?
Four key features of international human rights
1) We hold them as humans, not “citizens”
State is primary duty holder to these rights
Article 1 of UDHR states that “all human beings are born free and equal in
dignity and rights. They are endowed with reason and conscience and should act
towards one another in a spirit of brotherhood”
Why are we born free and equal? Religious, philosophical, pragmatic
justifications
Distinguishes from constitutional guarantees (Canadian Charter) – limits based
on citizenship, as well as race, gender, etc.! Example: American Declaration and Bill of
Rights didn’t extend to slaves for almost 100 years; women didn’t have voting rights
Today, constitutional and international rights overlap… but not a perfect fit
Example: UDHR has right to education and adequate housing; but not in Charter
Can all humans have the same rights? Canada and China? Problem of
universality
2) They are claims on power
Mainly but not only on state powers
States negotiate and ratify treaties of human rights; their obligations
People not only subject to abuse from state power… risk in the community,
streets (women, minorities); civilians face rights from war; minorities and employment
Two ways in which international human rights act on non-state power
1) Indirectly through state’s duty to protect
2) Directly placed on armed groups or TNCs
3) They are special claims that assert primacy
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Assert primacy over competing claims such as sovereignty, politics
Even human rights have limits! Example: even though slavery is not permitted ; also a
state of emergency can result in government suspending some human rights
Special: human rights take priority
Example: fight terrorism but shouldn’t allow us to detain w/o trial; building schools are
expensive but right to education
How special are human rights?
Most human rights are not absolute and are limited
4) Protected in international treaties
Or proposed to be in these treaties
Legally protected!
States that have ratified these treaties must amend domestic law to give way to
international rules
All states have ratified some treaties; most important treaties have an 80%
ratification rate
Some rights are better protected; some still disputed (LGBT); recently invoked
(disability)
- Creates controversy in international human rights law
- Humans but we also have a divided world
- Special – but what are the limits?
- How to enforce treaties?
Key features of Public International Law
- International human rights law is a component of a broader body of law known as public
international law
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1) What is public international law?
- Most importantly and traditionally defined as rules regulating inter-state behaviour
- But also about rules regulations states’ relations w/ intergovernmental organizations
- Rules regulating non-state actors
What are the three key features of the International legal system?
- State sovereignty – exclusive jurisdiction over territory and nationals
- Sovereign equality – states are “equal” in law (one vote each in UN General Assembly)
- Horizontal legal order – usually no higher authority to appeal to for final ruling (as in vertical,
domestic legal order)
2) Who does it regulate? (Who are the “subjects” of international law)
- States
Primarily states
Defines conditions of statehood
Defines benefits and limits of sovereignty
Assigns states responsibility for unlawful acts
Sets rules for negotiating, applying and interpreting inter-state agreements (treaties)
Governs inter-state dispute resolution
- Intergovernmental organizations (IGOs)
Second
Huge growth in intergovernmental organizations since founding of UN in 1945
oSome with universal membership (UN, WTO)
oSome w/ regional membership (EU)
oSome w/ based on criteria based on language or common heritage
(Commonwealth, Organization of the Islamic Conference)
Variety of purposes – military alliance, peace and security, economic relations, cultural
exchange
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Four key features of international human rights: we hold them as humans, not citizens . State is primary duty holder to these rights. Article 1 of udhr states that all human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood . Distinguishes from constitutional guarantees (canadian charter) limits based on citizenship, as well as race, gender, etc. ! Rights didn"t extend to slaves for almost 100 years; women didn"t have voting rights. Today, constitutional and international rights overlap but not a perfect fit. Example: udhr has right to education and adequate housing; but not in charter. Problem of universality: they are claims on power. States negotiate and ratify treaties of human rights; their obligations. People not only subject to abuse from state power risk in the community, streets (women, minorities); civilians face rights from war; minorities and employment.
