Black Letter Outline on International Human Rights
Author:
Malone, Linda A.
Edition:
2nd
Copyright Date:
2012
25 chapters
have results for human Rights
VIII. Regional Human Rights Law & Institutions 124 results (showing 5 best matches)
- The two organs established under the Convention for the purpose of overseeing State fulfillment of the requirements of the Convention are the Inter–American Commission on Human Rights and the Inter–American Court of Human Rights. Today, the Inter–American Commission on Human Rights and the Inter–American Court of Human Rights, together provide recourse to people who have suffered human rights violations.
- The European Convention of Human Rights has established an effective human rights regime, enforcing rights through the European Commission of Human Rights, the European Court of Human Rights, and the Committee of Ministers of the Council of Europe. The system was changed substantially by Protocol 11, which took effect in 1998.
- The Arab world and southeast Asia do not have the human rights systems available to those living in Europe, the Americas, and now Africa. Arab nations have moved closer to creating one by establishing the Arab Charter on Human Rights and the League of Arab States’ Human Rights Commission. Southeast Asia is further behind, but the Association of Southeast Asian Nations (ASEAN) in 2007 formed the ASEAN Human Rights Commission and created the ASEAN Charter of Human Rights.
- Other Asian attempts at a core human rights document include the Asian Human Rights Charter, put forward by the Asian Human Rights Commission, and the Pacific Charter on Human Rights.
- , a unanimous Grand Chamber of the European Court of Human Rights ruled that Turkey had violated Article 11 of the European Convection for the Protection of Human Rights and Fundamental Freedoms. Ragnar Nordeide, European Convention on Human Rights-right to form a trade union-right to bargain collectively-interpretation of Convention in light of other international law, 103 Am. J. Int’l L. 567, 568 (2009). The court held that the trade union Tum Bel Sen, founded in 1990, should legally be recognized because the applicants had a right to form a trade union and bargain collectively. Ragnar Nordeide, European Convention on Human Rights-right to form a trade union-right to bargain collectively-interpretation of Convention in light of other international law, 103 Am. J. Int’l L. 567, 568 (2009).
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VI. The International Courts 13 results (showing 5 best matches)
- In December 2000, the EU formulated a European Charter of Fundamental Rights as a non-binding source of interpretation of human rights. The rights in the Charter go beyond those in the European Convention on Human Rights particularly with respect to rights of democratic governance. Although not adopted as a treaty and not technically binding, it is likely to be influential in the interpretation of EU human rights obligations. The present EU Treaty requires its members to respect human rights, with “serious and persistent” breach of human rights being grounds for suspension of membership.
- There are five generally recognized, established international courts with a major role in human rights law. They are: the International Court of Justice, Court of Justice of the European Communities (now European Union), European Court of Human Rights, and the Inter–American Court of Human Rights. In 2002 the International Criminal Court was also established.
- The European Union legal system is separate and distinct from that of the Council of Europe. The treaties applied by the European Court of Justice were not addressed to human rights concerns, and did not include the European Convention on Human Rights.
- In several decisions, however, the European Court of Justice has stated that human rights principles are general principles of law which the Court must apply, in interpreting Community treaties, and that the European Convention on Human Rights is evidence of these principles which are to be applied.
- Since World War II there have been a growing number of regional and specialized tribunals, particularly in Western Europe. Three regional courts sitting in Europe are: the Court of Justice of the European Union, the Benelux Court of Justice, the European Court of Human Rights.
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X. Humanitarian Intervention by States 10 results (showing 5 best matches)
- The World Bank does not have an “operational policy on human rights,” which means human rights are not considered in the everyday work of the Bank. Human rights have been supported in reports and speeches from the World Bank but there is no mention of human rights in policy, provisions, or safeguards in programs. Galit A. Sarfaty, Why Culture Matters in International Institutions: The Marginality of Human Rights at the World Bank, 103 Am. J. of Int’l L. 647, 648 (2009). The Bank’s “private-sector arm,” the International Finance Corporation, has considered human rights when managing risk but it has also been selective when determining which human rights are considered, which has led to criticism from nongovernmental organizations. Galit A. Sarfaty, Why Culture Matters in International Institutions: The Marginality of Human Rights at the World Bank, 103 Am. J. of Int’l L. 647, 649 (2009).
- One of the main reasons why a World Bank human rights policy has not been created is that countries disagree on the approach that should be taken because of the diversity of the organization. Galit A. Sarfaty, Why Culture Matters in International Institutions: The Marginality of Human Rights at the World Bank, 103 Am. J. of Int’l L. 647, 656 (2009). An alternative to using the board to make changes has been to make small changes in operations. Galit A. Sarfaty, Why Culture Matters in International Institutions: The Marginality of Human Rights at the World Bank, 103 Am. J. of Int’l L. 647, 656 (2009). Many scholars argue that although the Bank is an international body operating under its Articles, it has obligations under customary international law. Galit A. Sarfaty, Why Culture Matters in International Institutions: The Marginality of Human Rights at the World Bank, 103 Am. J. of Int’l L. 647, 657 (2009).
- Why Culture Matters in International Institutions: The Marginality of Human Rights at the World Bank, 103 Am. J. of Int’l. L. 647, 658 (2009). However, the Bank is not required to follow UN human rights agencies’ decisions and recommendations. Galit A. Sarfaty, Why Culture Matters in International Institutions: The Marginality of Human Rights at the World Bank, 103 Am. J. of Int’l L. 647, 658 (2009).
- In 2006, General Counsel Dañino presented his staff with “Legal Opinion on Human Rights and the Work of the World Bank” in which he said human rights violations should be considered when the Bank makes decisions. Id. at 663. This opinion removed some of the “legal restrictions in the Articles of Agreement” but its effect was limited because its legal status was disputed and it was uncertain whether the opinion was “official.” Id. at 665. Senior bank management, not the board, asked the general counsel for an opinion on human rights and Dañino bypassed the board when presenting the opinion because of the board’s conflicting opinions over human rights issues and the Bank’s involvement. Id. The executive directors decide the Articles’ interpretation and general counsel provides guidance but there is no policy for opinions which are not approved by the board but written as guidance from a general counsel on his departure. Id. at 666.
- The Nordic Trust Fund (originally the Justice and Human Rights Trust Fund) was put into effect in 2009. The purpose of the fund is to “provide effective support” and “include human rights considerations in the analytical and operational activities of the World Bank Group.” Id. at 678–679. The fund is managed by the Bank’s Operations Policy and Country Services.
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II. Human Rights & The United Nations 49 results (showing 5 best matches)
- The UN’s Charter in 1945 was a departure from earlier treaties remedying the problems of particular abuses or particular groups because it was the first attempt to provide comprehensive human rights protection for all individuals. UN Charter Art. 1(3). In 1946, the UN established a Commission on Human Rights to draft human rights treaties, and in 1948 the UN General Assembly passed the Universal Declaration of Human Rights. In the decades since its foundation, the UN has continued to promote and protect human rights and has drafted treaties for global adoption dealing with many aspects of human rights. In addition to the Charter, the Universal Declaration of Human Rights, together with the subsequent International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the Optional Protocol to the Civil and Political Covenant form the so called “International Bill of Human Rights.”
- The UN Charter itself authorizes the establishment of several important human rights bodies. These include the Human Rights Council (successor to the Commission on Human Rights), the UN High Commissioner for Human Rights, the Commission on the Status of Women, and the Sub–Commission on the Promotion and Protection of Human Rights. The Peacebuilding Commission, established in 2005, consists of thirty-one government members elected for two years. The goal of the Commission is to propose an integrated strategy for rebuilding and maintaining peace.
- Unlike the other commissions, the Sub–Commission representatives were elected by the Human Rights Commission to act in their individual capacities. It studied human rights issues and reported to the Human Rights Commission. Both entities were responsible for addressing large scale, gross violations of human rights under ECOSOC Resolutions 1235 and 1503.
- UN development agencies do not have a mandate to report or monitor human rights. Darrow & Arbour,
- The Commission on Human Rights was replaced with the Human Rights Council in 2006. It is designed to meet more regularly and the members are elected on the basis of their human rights performances.
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IV. Newly Emerging Rights and Fundamental Rights Recognized as Customary International Law 10 results (showing 5 best matches)
- The Reporter’s Notes to Restatement § 701 suggest that customary human rights law is established in a manner different from other customary law, because historically human rights have been a matter between a state and its own individuals. According to the notes, customary human rights law may be established through: virtually universal adherence to the UN Charter; virtually universal adherence to the Universal Declaration of Human Rights; widespread participation of states in preparation and adoption of international human rights agreements; widespread support for UN General Assembly resolutions applying international human rights principles; and frequent invocation and application of international human rights principles in both domestic practice and diplomatic practice.
- Human rights law is constantly evolving from recognition of rights in treaties, UN resolutions, and domestic state practice to the level of custom and . Many protections originate in internal domestic law, with gradual recognition as general principles of international law if common to most legal systems. A few examples of more recently developed rights include the rights in the 1989 Convention on the Rights of the Child and the right to development in the 1986 General Assembly Resolution on the Right to Development.
- , U.N. Doc. CCPR/C/50/D/488/1992 (Mar. 31, 1994)(Hum. Rts. Comm.), the Human Rights Committee held that a Tasmanian law criminalizing same-sex intimacy violated the Article 17 right to privacy.
- The comments following this section indicate that there is a list of human rights generally accepted as customary law. The comments further state that the list is neither complete nor closed and other rights may have also reached the status of customary law. “A state violates international law if, as a matter of state policy, it practices, encourages or condones genocide, slavery or slave trade, the murder or causing the disappearance of individuals, torture or other cruel, inhuman or degrading treatment or punishment, prolonged arbitrary detention, systematic racial discrimination, or consistent patterns of gross violations of internationally recognized human rights.”
- B. Creation of Customary Human Rights Law
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Capsule Summary 62 results (showing 5 best matches)
- The U.N. Charter in 1945 was the first attempt to provide comprehensive protection for all individuals. The Charter, Universal Declaration of Human Rights, International Covenant on Civil and Political Rights (with Optional Protocol) and International Covenant on Economic, Social and Cultural Rights form the “International Bill of Human Rights.” The dual purposes of the United Nations are to protect human rights and accomplish international peace. (p. 2__ ) The United Nations’ mission to protect human rights is acknowledged in the Universal Declaration of Human Rights (p. __2 ) and codified in the International Bill of Rights. (p. __23 )
- The UN Charter authorizes various bodies to articulate and oversee compliance with human rights, including the Human Rights Council, the Human Rights Committee, the UN High Commissioner for Human Rights, the Commission on the Status of Women, as well as the Security Council, General Assembly, Economic and Social Council, and the Commission on Crime Prevention and Criminal Justice.
- The African Charter on Human and People’s Rights guarantees a wide range of rights and established a Commission to hear petitions. The African Court of Justice and Human Rights was created by a protocol in 2009, but awaits fifteen signatures to go into effect.
- The world’s reaction to the Holocaust and other Nazi atrocities during WWII resulted in the modern concept of international human rights law. The Nuremberg tribunal demonstrated the international concern for human rights, which was key to the formation of the United Nations in 1945.
- The European Commission of Human Rights hears cases between states (compulsory jurisdiction) and with respect to individuals (optional jurisdiction). The European Court of Human Rights has optional jurisdiction, but its judgments are binding and the Court may award damages.
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XI. The Humanitarian Law of Armed Conflict 14 results (showing 5 best matches)
- The European Court of Human Rights and the Inter–American Court of Human Rights have unequivocally stated that alleged terrorists, even undisputed terrorists, remain protected by human rights.
- The European Court on Human Rights has considered numerous cases regarding the limitation of rights to individuals labeled as terrorists. Common rights and practices such as detention periods, arrest procedures, extradition, and right to counsel have been evaluated by the Court. The states suspending or limiting the rights are usually given a very narrow interpretation of the rights, so they carry a heavy burden in proving why it was necessary to suspend or limit them. The Court has additionally ruled that the European Convention’s Article 3 prohibition on torture exists regardless of the accused’s crime.
- D. Applicability of General Human Rights Obligations during Armed Conflict
- . Several human rights guarantees are applicable to trials of such combatants:
- The terminology in this definition suggests a relationship between terrorism and armed conflict, and therefore a relationship with international humanitarian law. Terrorism is often a method of waging war in violation of the rules of armed conflict, especially by targeting innocent civilians. In a technical sense, however, many terrorist acts do not violate particular human rights treaties, because those treaties do not impose obligations on non-state actors.
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Perspective 5 results
- Human rights law is a complex interrelationship of domestic and international law. International law generally defines the substance of those rights and dictates what rights must be provided domestically within each state. In the absence of treaty law or custom, however, the gaps in human rights law are often filled by general principles of international law, which are in turn a reflection of basic legal protections accorded to individuals in most legal systems. Actual enforcement of human rights on an individual basis is often dependent upon domestic enforcement in court. With a few exceptions, the United Nations-based human rights system of treaties requires only that states report on their compliance, with oversight limited to review of those reports. Other United Nations (UN) mechanisms for enforcing state obligations are only available for systematic or widespread violations. When an individual remedy is provided, as in the Optional Protocol to the International Covenant on...
- Human rights law is taught in a variety of formats, and in depth coverage of particular areas can vary. The so-called International Bill of Rights system of the International Covenants and the UN human rights system generally are an integral part of almost every class. Coverage of at least one of the regional human rights systems—usually the Inter–American or European system—is also standard. More recently, international humanitarian law in armed conflicts is becoming a core part of most course offerings. Similarly, peacekeeping and humanitarian intervention by states and the UN is likely to be covered. From there, emphasis in coverage does vary. Also, some classes focus more on the international aspects of enforcement; others may emphasize how human rights are interpreted, implemented and enforced in U.S. courts.
- This outline covers the principal and more peripheral areas of course coverage. First, the outline can be used regularly for class preparation, particularly to put a specific area in the context of human rights generally. Keep in mind how interrelated seemingly unconnected areas of the law can be. The essay exam questions and answers are specifically designed to illustrate this interconnectedness. Problems in human rights law are rarely susceptible to yes or no answers, or even short answers. In this respect human rights law is more like constitutional law than property or contracts—it is often unclear if a right exists, and if it does what that right encompasses and how it is limited by other rights or limitations imposed by the law. Even if a right is identified and a violation established, remember the discussion above about the different ways in which the right might be enforced and the different
- As pointed out in the section on sources of international law, the most difficult part of answering any human rights issue can be determining whether a particular provision has become binding international law as either treaty law, customary law, or a general principle of international law. One of the best ways to test your own ability to put everything covered together is to read recent news reports of human rights crises and ask yourself what rights may have been violated, what remedies or sanctions are available, and where might one go to seek enforcement.
- of decisions, for example those of the World Court, to be published in official reporters, the web sites for these fora are particularly helpful. The UN web page also has an icon for human rights that can lead to all kinds of sources for human rights law, including that of the Criminal Tribunals. When looking at domestic court decisions, be careful to distinguish between a court’s analysis under international law and its analysis of its own domestic law. Sometimes domestic courts and other domestic sources tend to blur any differences which might arise between the two. For example, the Restatement on Foreign Relations is just that—it provides the perspective of the United States on what international law requires of it in its foreign relations with other states, which may or may not reflect the consensus of international law in the global community.
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III. Fundamental Human Rights 71 results (showing 5 best matches)
- Health is a fundamental human right indispensable for the exercise of other human rights. Every human being is entitled to the enjoyment of the highest attainable standard of health conductive to living a life in dignity. The realization of the right to health may be pursued through numerous, complementary approaches. The right to health is not be understood a right to be healthy. The right to health contains both freedoms and entitlements. The freedoms include the right to control one’s health and body, including sexual and reproductive freedom, and the right to be free from interference, such as the right to be free from torture, non-consensual medical treatment and experimentation. By contrast, the entitlements include the right to a system of health protection which provides equality of opportunity for people to enjoy the highest attainable level of health.
- The Children’s Convention, adopted by 191 states, is the most widely adopted human rights treaty (with the notable exceptions of the U.S. and Somalia). Adopted by the UN General Assembly in 1989, it went into effect in 1990, less than a year later. It is also the only gender neutral human rights treaty with respect to its references to “the child” or “children”. This convention was the quickest and the most universally signed in international human rights history.
- Of more recent origin than the other discrimination prohibitions, the prohibition against discrimination on religious grounds is embodied in the 1981 UN General Assembly resolution entitled Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief. It affirms the fundamental freedom of all thought, conscience, and religion; the elimination of discrimination; and the right of children to have religious education. Freedom of religion is subject only to “such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals or the fundamental rights and freedoms of others.” Art. 1 & 3. States have an affirmative duty to enact or rescind legislation in order to prevent or eliminate discrimination based on religious beliefs. Art. 4. Among other specific rights, the Declaration acknowledges the right of parents to have access to religious education and the right to teach a religion or belief in...
- Many of the rights discussed below are addressed by specific UN treaties and resolutions. Although those instruments are emphasized here, support for these fundamental rights can often be found in other international agreements, as well as regional human rights conventions.
- In January 2010, Secretary of State Hillary Clinton delivered a speech about the relationship between the Internet and human rights, and what she considered to be a new freedom: the freedom to connect. Her speech was given in response to alleged attacks on computers belonging to Google and other U.S. companies, as well as Google’s decision to limit operations in China instead of complying with their censorship requirements. In her opinion, actions such as these violate the Universal Declaration on Human Rights, which says that all people should have the right “to seek, receive and impact information and ideas through any media and regardless of frontiers.” John R. Crook ed.,
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I. Rights of Individuals 5 results
- The modern concept of international human rights law is the result of the world’s reaction to the Holocaust and other Nazi atrocities during World War II. Nazi war criminals were tried for violating international law before the Nuremberg tribunal, the establishment of which demonstrated that human rights were a matter of international concern rather than a matter left solely to each state. . This modern concept of international human rights law was also key to the formation of the United Nations in 1945, having as one of its principal purposes the promotion and protection of human rights. U.N. CHARTER art. 1, ¶ 2; art. 3.
- Under modern international law of human rights, . This approach is in sharp contrast to the traditional concept of international law as governing relations between states. The law governing a state’s obligations to an alien was established within this traditional framework of international law regulating the relationship between states, but not the relationship between states and individuals. Thus an offense to an alien was considered an offense only against the alien’s native state. The modern international law of human rights, however, makes nationality irrelevant.
- Although the basic concept of international human rights law is now firmly established, its relatively recent emergence results in a body of law characterized by evolving ideas, institutions and procedures.
- A major recognition of an international law of individual human rights came with the establishment of the International Labor Organization (ILO) after World War I. The ILO set forth basic universal standards for labor and social welfare and has since promulgated over a hundred conventions. The ILO is composed of governments, businesses, and unions. A number of the peace treaties after World War I provided protection to national, religious, linguistic and ethnic minorities in Central and Eastern Europe. These treaties focused on group rights—a minority’s right to his/its own schools, language, and religions—and freedom from discrimination. The Covenant of the League of Nations also created a mandate system by which the population of the colonies formerly under German and Turkish control was to be protected.
- An early exception, dating as far back as Roman times, was recognition of a state’s obligations to aliens. By the late 19th century there were many “minority” treaties concluded by European governments to protect ethnic minorities with which they identified in other states. The only clear early example of an internationalization of individual rights was with respect to slavery. Several major countries abolished slavery in the 19th century; the unacceptability of slavery became an international standard; and slave trade became illegal. In a related matter, the doctrines of humanitarian intervention and humanitarian rules of war have roots traceable to the 17th and 18th centuries.
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VII. Regional Organizations 5 results
- The Council of Europe has focused on human rights and economic cooperation with the European Union, and has been influential in incorporating human rights obligations into the essentially economic focus of the European Union.
- The OAS has concentrated its efforts on responding to political developments and furthering political cooperation. The OAS charter outlines the functions of the organization as strengthening security, ensuring peaceful settlement of disputes, coordinating common defense and promoting economic, social and cultural development. Although the OAS has drafted a number of human rights treaties, it has been somewhat less successful than the Council of Europe in winning the acceptance of those treaties particularly due to the refusal of the United States to ratify. The OAS has made significant progress in the development of regional human rights, including notably the establishment of the Inter–American Court of Human Rights in 1969.
- The Helsinki Act has four “baskets” of rights, of which the most important currently is Basket IV, which established conferences to assess development and implementation of human rights. These conferences and their concluding documents have created an expansive catalog not just of human rights, but of principles relating to democratic governance. Pursuant to the “Human Dimension Mechanism” a state complaint that another state is not fulfilling its obligations progressively leads to diplomatic exchanges between states, placement on the conference agendas, and OSCE expert missions or rapporteurs. In 1992 the OSCE also established the High Commissioner on National Minorities largely in response to the Yugoslavian conflict.
- The OAU Charter is primarily concerned with noninterference and peaceful resolution of disputes among member states. It has promoted African unity on issues including human rights, but has played a more limited role in dealing with regional conflicts.
- The OSCE membership includes not only all of Europe, but also the United States. It was created in 1975 by the Helsinki Final Act which established a political rather than a legal system to promote human rights and national security.
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Appendix E. Index 35 results (showing 5 best matches)
- European Convention on Human Rights; [see European Convention for the Protection of Human Rights and Fundamental Freedoms]
- African Commission on Human and People’s Rights; 110–111
- African Court on Human and People’s Rights; 85, 111
- African Court of Justice and Human Rights; 9, 111
- African Regional System Human Rights Law; 110–111
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- ii. In fulfilling this responsibility with respect to human rights, the Security Council must balance the conflicting goals of respecting state sovereignty and promoting fundamental human rights.
- (a) General Assembly: On October 11, 1991, the UN General Assembly adopted resolution 46/7, condemning the illegal replacement of the President of Haiti, the use of violence and military coercion, and the violation of human rights. The General Assembly affirmed as unacceptable any entity resulting from that illegal situation; demanded the immediate restoration of the legitimate Government of President Aristide, and the full observance of human rights in Haiti.
- (b) Promoting Human Rights: Chapter VII of the UN Charter provides exceptions to Article 2(4) and exceptions to the prohibition against the use of force. Article 42 authorizes the Security Council to take “action by air, sea, or land forces as may be necessary to maintain or restore international peace and security.”
- Approximately 800,000 people were killed during the 1994 genocide in Rwanda, including men, women, and children. Despite this massive human rights violation, the UN, and the international community as a whole, failed to act, prompting an intense investigation into how such events could be prevented in the future.
- : How a government assumes power, even if by force, is ordinarily not a matter of international law absent human rights violations. In part, the Security Council’s action may be attributed to the fact that Aristide was elected in a UN sponsored election.
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XV. Enforcement of Human Rights Law in the U.S. & other Domestic Courts 19 results (showing 5 best matches)
- Before 1986, the only comprehensive human rights treaties ratified by the United States were the Refugee Protocol and the Convention on the Political Rights of Women. The Genocide Convention was ratified in 1986 with a number of reservations, declarations, and understandings, incorporated into the Genocide Convention Implementation Act (18 U.S.C. § 1091). In 1990, the United States Senate ratified the Torture Convention, but stated that the President should not ratify the Convention until implementing legislation had been passed. In 1992, Congress passed the Torture Victim Protection Act, 28 U.S.C. § 1350 (1992), which creates a civil action for damages from torture. The Act does not implement the Torture Convention, which requires criminal sanctions for violations. Also in 1992, the United States ratified the International Covenant on Civil and Political Rights, but as of 2012 had not passed any implementing legislation. In 1994 it ratified the Convention on the Elimination of All...
- Every human rights treaty ratified has been accompanied by a number of reservations, declarations and understandings. A reservation modifies the terms of the treaty between the state asserting the reservation and any state accepting the reservation. Vienna Convention on the Law of Treaties Art. 2. Understandings and declarations are a state’s unilateral interpretation or view of a treaty’s provisions but do not modify the state’s obligations as a matter of international law. The Senate RUDs (reservation, understandings, or declarations) to human rights treaty generally declare the treaties to be non-self-executing (often done by a “proviso” that is not part of the ratification), that no treaty provision may conflict with the Constitution, that the treaty does not disturb the division between state and federal authority, and, in a few instances, specifically preserves a constitutional right or provision of U.S. law which conflicts with a treaty obligation. It is established U.S....right
- Alien plaintiffs have brought claims under the ATCA against corporate actors for violations of international human rights law. The ATCA also allows plaintiffs to sue individuals.
- Human Rights
- Only self-executing treaties are directly enforceable in U.S. federal courts; non-self-executing treaties are only enforceable through implementing legislation. Whether a treaty is self-executing depends upon the language of the treaty and whether it seems to create direct, immediate obligations. Although many of the provisions of the human rights treaties the United States has ratified do just that, the Senate has characterized every human rights treaty ratified as non-self-executing. In
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V. Derogation from Protection of Rights 12 results (showing 5 best matches)
- Treaties ensuring protection of fundamental human rights often allow derogation from the rights in times of “ .” A wide margin of appreciation is given to countries to determine whether such a “public emergency” exists in their state. Human rights conventions with derogation clauses include the International Covenant on Civil and Political Rights (Article 4), Convention Relating to the Status of Refugees (Article 9), Convention Relating to the Status of Stateless Persons (Article 9), European Convention for the Protection of Human Rights and Fundamental Freedoms (Article 15), and the European Social Charter (Article 30). The derogation provisions of the Covenant on Civil and Political Rights and the European Convention serve as key examples, demonstrating the necessary circumstances and limitations to derogation.
- Article 15(1) permits derogation: “[i]n time of war or other public emergency threatening the life of the nation”; “[o]nly to the extent strictly required by the exigencies of the situation;” and “[p]rovided such measures are not inconsistent with its other obligations under international law.” European Convention for the Protection of Human Rights and Fundamental Freedoms, Nov. 4, 1950, Art. 15, & 1, Europ. T.S. No. 5 [hereinafter European Human Rights Convention]. The European Court of Human Rights has given states a wide “margin of appreciation” in determining whether the first condition exists, but has been more demanding in determining whether the second condition has been satisfied.
- A number of the rights enumerated in the European Convention on Human Rights also have their own clauses of limitation, which allow restrictions on the right as necessary to protect national security, safety, and health or morals (
- B. European Convention for the Protection of Human Rights & Fundamental Freedoms
- Certain rights may not be derogated from, even in times of public emergency. Article 4(2) states that no derogation is permitted from the rights accorded by Articles 6, 7, 8 (paragraphs 1 and 2), 11, 15, 16 and 18.
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Appendix A. Essay Exam Questions and Answers 18 results (showing 5 best matches)
- The question is taken directly from the facts in Soering v. United Kingdom, 11 Eur. Human. Rts. Rep. 439 (1989) before the European Court of Human Rights (a cautionary tale for students in love). The answer which follows consists of excerpts from that opinion:
- Assume that the following facts and law are contained in an application to the European Commission on Human Rights by Mr. Jens Soering.
- of the European Convention on Human Rights solely with respect to his being subject to the “death row phenomenon.”
- As a lesser measure, widespread human rights deprivations in the conflict may be seen “to endanger the maintenance of international peace and security,” within the meaning of Chapter VI of the UN Charter, and enable the Security Council, via Article 36 of the UN Charter, to “recommend appropriate procedures or methods of [dispute] adjustment.”
- In interpreting the Convention regard must be had to its special character as a treaty for the collective enforcement of human rights and fundamental freedoms (see the Ireland v. the United Kingdom judgment of 18 January 1978, Series A no. 25, p. 90, 239). Thus, the object and purpose of the Convention as an instrument for the protection of individual human beings require that its provisions be interpreted and applied so as to make its safeguards practical and effective (see, inter alia, the Urtica judgment of 13 May 1980, Series A no. 37, p. 16, 33). In addition, any interpretation of the rights and freedoms guaranteed has to be consistent with “the general spirit of the Convention, an instrument designed to maintain and promote the ideals and values of a democratic society” (see the Kjeldsen, Busk Madsen and Pedersen judgment of 7 December 1976, Series A no. 23, p. 27, 53).
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Table of Contents 59 results (showing 5 best matches)
XII. Sources of Human Rights Law 4 results
- The UN Declaration of Human Rights now has been recognized as expressing customary international law because it “create[d] an expectation of adherence” and that expectation was “gradually justified by State practice.”
- Local customary rights may develop from , but such customary rights differ from, and are independent of, general international customary law principles. Right of Passage Over Indian Territory
- 3. Local Customary Rights
- , and newly independent states have the right not to be bound by a previously established practice as
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Appendix D. Table of Treaties 9 results (showing 5 best matches)
- African Charter of Human and People’s Rights (1986); 110
- American Convention on Human Rights (1969); 97, 100, 101, 103, 104, 110, 163
- European Convention for the Protection of Human Rights and Fundamental Freedoms; 65, 66, 67
- Universal Declaration of Human Rights; 23, 24, 43, 49, 60, 62, 99
- Convention on the Rights of the Child (1989); 52, 62, 128, 163
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Summary of Contents 28 results (showing 5 best matches)
Appendix B. Glossary 6 results (showing 5 best matches)
- ): Human Rights Committee; 45
- ): Inter–American Commission on Human Rights; 8, 99–101, 104–107
- ): International Lesbian and Gay Humans Rights Commission; 43
- ): European Committee on Social Rights; 90–91
- ): International Covenant on Civil and Political Rights; 23, 25, 26–27, 34, 45–48, 65–66, 85, 128, 141, 163, 173
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XIV. Extradition 2 results
- States occasionally recover fugitives by abduction from the asylum state. Although abduction is generally considered an affront to the sovereignty of the asylum state and widely considered a violation of individual human rights, U.S. courts nevertheless accept jurisdiction of defendants brought before them by such illegal means.
- The doctrine of specialty may also prevent a state from extraditing the accused to a third state without first offering him the “right to return”.
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XIII. General Principles of Law 1 result
- Publication Date: July 16th, 2012
- ISBN: 9780314180544
- Subject: International Human Rights
- Series: Black Letter Outlines
- Type: Outlines
- Description: Black Letter Outlines are designed to help a law student recognize and understand the basic principles and issues of law covered in a law school course. They can be used both as a study aid when preparing for classes and as a review of the subject matter when studying for an examination. Each Black Letter Outline is written by experienced law school professors who are recognized national authorities in their subject area.
