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International HR Law

International HR Law. Historical development Institutional framework Principal instruments Rights and Freedoms Themes/category of protected persons Monitoring and enforcing. I. Historical Development/Thoeries. 1. Origins of HR Natural rights doctrine ( Locke, Hobbes )

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International HR Law

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  1. International HR Law • Historical development • Institutional framework • Principal instruments • Rights and Freedoms • Themes/category of protected persons • Monitoring and enforcing

  2. I. Historical Development/Thoeries 1. Origins of HR • Natural rights doctrine ( Locke, Hobbes ) • Social rights doctrine ( Rousseau, Bentham, Fichte, Hegel) 2. Theoretical frameworks 3. Nature, scope and purpose of HR 4. Evolution of contemporary HR • International, regional and national evolution 5. Purpose of HR

  3. II. Instutional Framework 1. International • UN • G. A. ECOSOC,Commission on HR, high commissioner, etc • Other bodies • Treaty bodies, 1503 procedures, etc 2. Regional • Various existing systems • Asia 3. National • National bodies 4. Merits and disadvantages of International and regional systems (problems of consensual approach,etc)

  4. III. Principal Instruments 1. Major international and regional HR treaties • UDHR / ICESCR / ICCPR / CERD / CAT /CEDAW / CRC / MWC • The Convention on the Elimination of All Forms of Racial Discrimination • The International Covenant on Civil and Political Rights • The Optional Protocol to the International Covenant on Civil and Political Rights • The Second Optional Protocol to the International Covenant on Civil and Political Rights • The International Covenant on Economic, Social and Cultural Rights • The Convention on the Elimination of All Forms of Discrimination Against Women • Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women

  5. The Convention Against Torture, and Other Cruel, Inhuman or Degrading Treatment or Punishment • Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment • The Convention on The Rights of the Child • Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict • Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography • International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families • Convention on the Rights of Persons with Disabilities • Optional Protocol to the Convention on the Rights of Persons with Disabilities • International Convention for the Protection of All Persons from Enforced Disappearance

  6. 2. Drafting process 3. Nature of Rights • Universal / groups • Aspirational / immediate • Nature of obligations, overlapping obligations in various instruments • Classification of rights • Universalism and cultural relativism

  7. IV. Rights and Freedoms 1. Detailed examination of themes • Women, children, etc 2. Detailed examination of selected rights and freedoms • Right to education, right to life, freedom from torture, etc 3. Overlapping and complementary rights and freedoms • evolution of substantive law • need to refer to treaty articles, general comments, state reports and concluding observations • communications

  8. V. Category of Protected Persons 1. Women 2. Children • 3. Minorities and Indigenous Peoples • 4. Refugees • 5. Non-nationals and Stateless Persons • 6. Prisoners / The suspected / Victims of Crime

  9. VI. Monitoring and Enforcing 1. How does the international systems work? • Does it work? --Reform? • Limitations on individual enforcement 2. Reporting system • Description / examples • Problems • Reform • Are state reports and concluding observations helpful? What impact do UN reports have nationally? 3. Enforcing and individual rights • Practicalities • Reservations / derogations

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