Open discussion: Who is responsible for protection of human rights?

Maria Klimova, IRAS 2014

10 December

HUMAN RIGHTS, WHAT ARE THEY?

1. “The term “human rights” was mentioned seven times in the UN's founding Charter, making the promotion and protection of human rights a key purpose and guiding principle of the Organization”.

2. “In 1948, the Universal Declaration of Human Rights

brought human rights into the realm of international law”.

3. “Since then, the Organization has diligently

protected human rights through

legal instruments and

on-the-ground activities”.

United Nations Human Rights Organization. Structure I

SECURITY COUNCIL

- grave human rights violations, often in conflict areas

- investigate and mediate, dispatch a mission, appoint special envoys, or request the Secretary-General to use his good offices

- may issue a ceasefire directive, dispatch military observers or a peacekeeping force.

If this does not work,--> economic sanctions, arms embargos, financial penalties and restrictions, travel bans, the severance of diplomatic relations, a blockade, or even collective military action.

TRUSTEE-SHIP COUNCIL

INTERNATIONAL COURT OF JUSTICE

Ad hoc Criminal Tribunals

International Criminal Court

United Nations Human Rights Organizational. Structure II

Secr

etaria

t

SECRETARY-GENERAL:

The Secretary-General appoints special representatives, who advocate against major human rights violations:

- Special Representative of the Secretary-General for Children and Armed Conflict

- Special Representative of the Secretary-General on Sexual Violence in Conflict

- Special Representative of the Secretary-General on Violence Against Children

HIGH COMMISSIONER FOR HUMAN RIGHTS:

-promotion and protection of human rights

-regularly comments on human rights situations in the world and has the authority to investigate situations and issue reports on them

-interacts with and provides advice and support on human rights issues to these bodies and mechanisms

-works to mainstream human rights in all areas of work of the

-organization, including development, peace and security, peacekeeping and humanitarian affairs

HUMANITARIAN TRUST FUNDS

TECHNICAL CO-OPERATION

HUMAN RIGHTS FIELD

PRESENCES

United Nations Human Rights Organizational. Structure IIIGENERAL ASSEMBLY

ECONOMIC AND SOCIALCOUNCIL:

The General Assembly, the Economic and Social Council (ECOSOC) and their subsidiary organs make policy decisions and recommendations to Member States, the United Nations system and other actors

Permanent Forum onIndigenous

Issues(UNPFII):an advisory body to the Economic and Social Council, has a mandate to discuss indigenous issues, including human rights

HUMAN RIGHTSCOUNCIL

Special Procedures-Including Special

Rapporteur onIndigenous

Human RightsSub-Commission onthe Promotion

and Protection of Human Rights

Working Groups-

IncludingWorking Group on IndigenousPopulations

Treaty Monitoring Bodies

Committee on Economic, Social, and Cultural Rights (CESCR):

- examines a range of issues, including human rights questions- the advancement of women, the protection of children- the treatment of refugees, the promotion of fundamental freedoms through the elimination of racism and racial discrimination, and the right to self-determination

Human Rights Committee (HRC)

Committee against Torture (CAT)

Committee on the Elimination of Racial Discrimination (CERD)

Committee on the Elimination of Discrimination against Women (CEDAW)

Committee on the Rights of the Child (CRC)

Committee on Migrant Workers

SPECIALIZED AGENCIES

1. We Are All Born Free & Equal.

2. Don’t Discriminate.

3. The Right to Life.

4. No Slavery.

5. No Torture.

6. You Have Rights No Matter Where You Go.

7. We’re All Equal Before the Law.

8. Your Human Rights Are Protected by Law.

9. No Unfair Detainment.

10. The Right to Trial.

11. We’re Always Innocent Till Proven Guilty.

12. The Right to Privacy.

13. Freedom to Move.

14. The Right to Seek a Safe Place to Live.

15. Right to a Nationality.

16. Marriage and Family.

17. The Right to Your Own Things.

18. Freedom of Thought.

19. Freedom of Expression.

20. The Right to Public Assembly.

21. The Right to Democracy.

22. Social Security.

23. Workers’ Rights.

24. The Right to Play.

25. Food and Shelter for All.

26. The Right to Education.

27. Copyright.

28. A Fair and Free World.

29. Responsibility.

30. No One Can Take Away Your Human Rights.

The Universal Declaration of Human Rights, 1948

“The point is that human rights are universal, but so are the duties and responsibilities to meet those rights” — Mark Gibney is the Belk Distinguished Professor at the University of North Carolina-Asheville.

Who Is Able To?

Government Society

1. Intervention: what is it exactly?2. Resources (money, natural

resources) costs?3. Conflicts between countries in

case the harmed country, where aid was sent, was violated by an enemy? (which side to pick)

4. Does the money paid for moral harm really cover the losses?

5. Ways to respond: peacekeeping actions (hold the crowd to prevent it from fighting), education for people short courses, creation and expanding of international courts.

1. What can a crowd do? 2. What can an individual do?3. The costs — the sacrifices cannot

overbalance the needs!4. Human factor, true/’blind’ followers?5. Ways to respond: NGOs, Dalai Lama,

founders of NGOs, peacekeeping actions (Muslims and Christians protecting each other during the prayer), education for people.

The case: Military intervention for human rights.

- 2000: the establishment of the International Commission on Intervention and State Sovereignty (ICISS) was announced

- The commission included environmental or natural disasters as possible events after which the international community could intervene

- 2005: environmental disasters had been dropped as a reason for intervention. It was every state's responsibility to protect its citizens from "genocide, war crimes, ethnic cleansing, and crimes against humanity”.

How can a government justify the intervention?

- If a state fails to do so, it then becomes the responsibility of the international community to protect that state's population

- The lack of military intervention in the conflict zones in Angola and the Democratic Republic of Congo, among many others, shows that some states are still reluctant to intervene in the affairs of other states, regardless of evidence of human rights violationsHow can a society protect

themselves?

People need help.The intervention is destroying.

Top 8 Human Rights websites:

1. Amnesty International — the largest NGO protecting human rights, current news, cases: https://www.amnesty.org/

2. Global Rights — Promotion and protecting: www.globalrights.org

3. Human Rights Watch — Human rights activism: www.hrw.org4. United Nations Watch — Monitoring the UN, promotion:

www.unwatch.org 5. European Court of Human Rights — information about the

court, pending cases, judgments/decisions, basic governing texts, and press releases: http://www.echr.coe.int/

6. United Nations High Commissioner for Human Rights — the main United Nations website: www.ohchr.org/english

7. A collection of human rights websites: http://www.gwu.edu/~erpapers/humanrights/hrlinks.cfm

8. Youth For Human Rights: http://www.youthforhumanrights.org/

1. Protect Human Rights. (n.d.). Retrieved April 27, 2015, from http://www.un.org/en/sections/what-we-do/protect-human-rights/index.html

2. UNIVERSAL DECLARATION OF HUMAN RIGHTS. Simplified Version. (n.d.). Retrieved April 27, 2015, from http://www.youthforhumanrights.org/what-are-human-rights/universal-declaration-of-human-rights/articles-1-15.html

3. The Universal Declaration of Human Rights. (n.d.). Retrieved April 27, 2015, from http://www.un.org/en/documents/udhr/

4. Human rights. (n.d.). Retrieved April 27, 2015, from http://en.wikipedia.org/wiki/Human_rights

5. Miller, D. (2006). The Responsibility to Protect Human Rights. Retrieved April 27, 2015, from http://www.princeton.edu/~pcglobal/conferences/normative/papers/Session6_Miller.pdf

6. Maiese, M. (2004, June 1). Human Rights Protection. Retrieved April 27, 2015, from http://www.beyondintractability.org/essay/human-rights-protect

7. Gibney, M. (2008, February 3). Responsibilities for Protecting Human Rights. Retrieved April 27, 2015, from http://global-ejournal.org/2008/02/15/gibney/

8. Human Rights Websites. (n.d.). Retrieved April 27, 2015, from http://global.oup.com/uk/orc/law/human/human_qanda/resources/weblinks/hr/

9. Bajoria, J. (2013). The Dilemma of Humanitarian Intervention. Council on Foreign Relations. Retrieved April 27, 2015, from http://www.cfr.org/humanitarian-intervention/dilemma-humanitarian-intervention/p16524

10. Article 28: Right to social and international order permitting these freedoms to be realised. (n.d.). Retrieved April 27, 2015, from http://www.bbc.co.uk/worldservice/people/features/ihavearightto/four_b/casestudy_art28.shtml

Bibliography: