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Human Rights Standards and Instruments

Human Rights Standards and Instruments EQUITAS – International Centre for Human Rights Education – January 2014. What are human rights?. The rights a person has, simply because he or she is a human being. Universal legal guarantees Protect human values (freedom, equality, dignity)

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Human Rights Standards and Instruments

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  1. Human Rights Standards and Instruments EQUITAS – International Centre for Human Rights Education – January 2014

  2. What are human rights? The rights a person has, simply because he or she is a human being. • Universal legal guarantees • Protect human values (freedom, equality, dignity) • Inherent to individuals and, to some extent, groups • Grounded in international norms and standards • Legally binding on States

  3. Where do human rights come from?

  4. Common myths • Human rights = civil and political rights • Economic, social, and cultural rights (e.g., healthcare, housing) are privileges • HR apply only in poor, foreign countries • HR Only concerned with violations • Only lawyers can understand human rights

  5. Categories of human rights Life, security, integrity, fundamentalfreedoms… Civil and political Education, health, work, food, housing, participation in cultural life… Economic, social & cultural Women’s right, rights of indigenous peoples, children’srights, rights of personswithdisabilities, rights of migrant workers Specific groups Free determination, development, environment Collective rights

  6. Progressive realization of economic, social and cultural rights The Covenant provides that States can progressively realize ESC rights: By taking appropriate measures To the maximum of available resources Where needed, through international assistance and cooperation But some aspects needimmediate actions: Elimination of discrimination Rights that are not resource-dependent Obligation to ‘take steps’ and have targeted measures, irrespective of resource constraints Avoid retrogressive measures ‘Minimum core obligations’ Source: UNDAF (HRBA Portal)

  7. The Human Rights Protection System

  8. What is the difference between a Declaration and a Convention? Declaration - morally binding Convention - legally binding Covenant Treaty

  9. What is the foundation of the current human rights system? • International Bill of Rights • Universal Declaration of Human Rights (UDHR) • International Covenant on Civil and Political Rights (ICCPR) • International Covenant on Economic Social and Cultural Rights (ICESCR)

  10. The implementationsteps • Signature • Ratification • Accession

  11. Human rights obligations Duty-bearers Right to water Respect Protect Fulfill Do not disconnect supply without due process Pro-poor price regulation when supply is privatized Ensure, over time, everyone is connected Refrain from interfering with the enjoyment of rights Preventothers from interfering with the enjoyment of rights Adoptappropriate measures towards full realization of rights Source: UNDAF (HRBA Portal)

  12. Links between national, regional and international protection systems Global and regional norms require national implementation Global and regional protection are complementary National norms should be consistent with global and regional standards Source: UNDAF (HRBA Portal)

  13. Human rights instruments ICCPR ICESCR OPs CERD CEDAW CRC CAT UN Charter UDHR Other International Instruments (humanitarian, specialized agencies) National Constitutions and Laws CRPD CMW CPED Fundamental Labour Conventions Regional instruments Source: UNDAF (HRBA Portal)

  14. The UN human rights system

  15. Human development human rights Links between … AND Process of enhancing people’s capabilities Expand choices and opportunities Lead a life of respect and value Claims to be protected from abuses and deprivations Secure the freedom for a life and dignity Requires capacity that development makes possible

  16. Check out…. http://www.ohchr.org/EN/Countries/Pages/HumanRightsintheWorld.aspx …Status of ratification …Whether a Country’s pledge to the HRC exists …Recent Treaty Body concluding observations …Recent State reports to Treaty Bodies …Recent visits of Special Rapporteurs or statements and communications on the country …Calendar of upcoming events and SP country visits …Recent outputs of monitoring mechanisms of specialized agency instruments (e.g. ILO supervisory bodies)

  17. Illustrates…. …Status of ratification …Whether a Country’s pledge to the HRC exists …Recent Treaty Body concluding observations …Recent State reports to Treaty Bodies …Recent visits of Special Rapporteurs or statements and communications on the country …Calendar of upcoming events and SP country visits …Recent outputs of monitoring mechanisms of specialized agency instruments (e.g. ILO supervisory bodies)

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