human rights overview

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Information about human rights overview
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Published on December 15, 2017

Author: premsy

Source: authorstream.com

INTERNATIONAL HUMAN RIGHTS LAW -- A CONCEPTUAL ANALYSIS: INTERNATIONAL HUMAN RIGHTS LAW -- A CONCEPTUAL ANALYSIS MODULE 1 --- MEANING MODULE 2 --- INTERNATIONAL LAW MODULE 3 --- MUNICIPAL LAW: MODULE 1 --- MEANING MODULE 2 --- INTERNATIONAL LAW MODULE 3 --- MUNICIPAL LAW Human Rights: Human Rights DEFINITION HUMAN RIGHTS are the rights that all people enjoy by virtue of being human HUMAN RIGHTS are derived from the inherent dignity of the human person They are defined internationally, nationally and locally by various law making bodies. MEANING…….: MEANING……. HUMAN RIGHTS : A Twentieth Century name for Natural Rights Human Rights are positive rights as well Characteristic Features……: Characteristic Features…… Human rights: Are universal Are guaranteed internationally without discrimination on any grounds Focus on the inherent dignity Are indivisible and interdependent Are legally protected Cannot be waived or taken away Impose obligations of action and omission mainly on the State and its agents Protect individuals and groups Modern Protection of International Human Rights: Modern Protection of International Human Rights UN CHARTER The Preamble to the United Nations Charter states that the “Peoples of the United Nations” are determined “ to reaffirm faith in fundamental human rights , in the dignity and worth of the human person, in the equal rights of men and women and of nations, large and small.” Modern Protection of International Human Rights: Modern Protection of International Human Rights Universal Declaration of Human Rights . The Declaration enumerates civil, political, economic, social, and cultural rights, but contains no provisions for monitoring or enforcement. Modern Protection of International Human Rights: Modern Protection of International Human Rights The Covenant on Civil and Political Rights (and its Two Optional Protocols) The Covenant on Economic, Social and Cultural Rights Together with the UDHR, known as the International Bill of Human Rights Covenant on Civil and Political Rights:: civil and political rights are incorporated Right to life, liberty, equality, security, freedom of opinion, assembly………… enforcement mechanism Human Rights Committee Reporting System Communication System Covenant on Civil and Political Rights: Covenant on Economic, Social and Cultural Rights:: Economic, social and cultural rights are incorporated right to work, education, health, family and marriage, form and join trade union …….. Economic rights are subject to each country’s ability to provide such rights progressively as its resources permit Enforcement mechanism Reporting system only UN’s ECOSOC Covenant on Economic, Social and Cultural Rights: Modern Protection of International Human Rights: Modern Protection of International Human Rights In addition to the International Bill of Human Rights, the United Nations has drafted and promulgated over 80 human rights instruments: genocide racial discrimination discrimination against women refugee protection torture the rights of disabled persons the rights of the child……………. UN Human Rights Bodies: UN Human Rights Bodies Security Council General Assembly Economic and Social Council Council on Human Rights Subcommission on the Promotion and Protection of Human Rights Commission on the Status of Women UN Human Rights Bodies (cont…): UN Human Rights Bodies (cont…) Commission on Crime Prevention and Criminal Justice International Court of Justice International Criminal Court Office of the High Commissioner for Human Rights (created by the General Assembly in 1993) UN Human Rights Bodies (cont…): UN Human Rights Bodies (cont…) Treaty Monitoring Bodies Human Rights Committee Committee on the Elimination of All Forms of Racial Discrimination Committee on the Elimination of Discrimination Against Women Committee Against Torture Committee on the Rights of the Child Committee on Economic Social and Cultural Rights Regional Conventions: Regional Conventions The European Convention, 1950 The American Convention, 1969 The African Charter, 1981 Slide16: EUROPEAN COURT OF HUMAN RIGHTS India and Human Rights: India and Human Rights Constitution of India Protection of Human Rights Act, 1993 Definition Commission Court Specific Legislations Measures to be taken by Member States: Measures to be taken by Member States Make legislations incorporating International Human Rights Law into domestic law Interpretation by judiciary MAKE EVERY EFFORT TO DISSEMINATE KNOWLEDGE REGARDING DIGNITY OF AND JUSTICE DUE TO EVERY INDIVIDUAL The Perpetrators Themselves are the Champions of Human Rights????....: The Perpetrators Themselves are the Champions of Human Rights????.... Slide20: 2742410v1 Where Do Human Rights Begin? “In small places, close to home, so close and so small that they cannot be seen on any maps of the world. Yet they are the world of the individual person, the neighborhood he lives in, the factory, farm, or office where he worked. Such are the places where every man, woman, and child seeks equal justice, equal opportunity, equal dignity without discrimination. Unless these rights have meaning there, they have little meaning anywhere.” Eleanor Roosevelt, 1958 Slide21: Thank you

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