3 pages take home exam for my political science class. the subject of the class is international law. There are short answers and one essay question. I attached the exam also some class slides that should be helpful and can get the information from there.
Michelle_Michy
20190507055426chpt_19_the_protection_of_human_rights.pptxThe Protection of Human Rights
Chpt 19 Cassese
19.2 Traditional IL
Under traditional notions of sovereignty, what were the rights of individuals?
None, according to IL, individuals reside inside States and subject to their sole jurisdiction
Gradually this changed? How so?
Treaties that prohibit slave trade, then slavery
WWI—under the ILO, treaties that protect workers
WWI—treaties that protect religious, ethnic, and linguistic minorities
19.2 Traditional IL
How did WWII change the IL community’s willingness to protect human rights?
Nazis—holocaust/genocide
Proclamation that human beings deserve basic standards of rights
How did the IL community go about developing protections for human begins? Developed a two prong strategy to protect Human Rights
1) development of IL criminal law to prosecute Germans and Japanese
2) UN to set up basic standards of human rights
19.3 The Turning Point: The UN Charter
What did FDR and US originally want for Human Rights protections in the UN Charter?
Freedom of speech and expression; freedom of religion; freedom from want; freedom from fear
But the US circa 1945 had its own problems with human rights which made the US delegation not push for forceful intervention of States for the protection of human rights. What was the US human rights problem?
Segregation
FDR Jan. 6th, 1941 Speech to Congress
In the future days, which we seek to make secure, we look forward to a world founded upon four essential human freedoms. The first is freedom of speech and expression—everywhere in the world. The second is freedom of every person to worship God in his own way—everywhere in the world. The third is freedom from want—which, translated into world terms, means economic understandings which will secure to every nation a healthy, peaceful life for its inhabitants—everywhere in the world. The fourth is freedom from fear—which translated into world terms, means a world wide reduction of armaments to such a point and in such a thorough fashion that no nation will be in a position to commit an act of aggression against any neighbor—anywhere in the world.
19.3 UN Charter
But at the San Francisco conference rights were reinvigorated by Latin American nations and then the USSR
What types of protections for Human Rights did the Russians want to be included?
Nondiscrimination; Right to self-determination
The later requested: right to work and right to education
US responded with: freedom of information and freedom of religion
19.3 UN Charter
What compromises were made and what eventually developed for the protection of Human Rights in the UN Charter?
1) no specific obligation for the promotion or protection of human rights (Article 56)
2) right of self-determination was proclaimed—but just as a weakened guiding principle (Articles 1 and 55)
3) powers of the GA in terms of human rights restricted to making recommendations and conducting studies
4) protection of human rights only furthered as a way to strengthen world peace
19.4 Trends in the Evolution of International Action on Human Rights
The GA had two choices when they began their work
Stick to the strict confines of the Charter’s order to observe and make recommendations of Human Rights
OR
Became an active agent of change, the ‘conscience of the world’– a watchdog to protect and promote basic standards of Human Rights
GA has evolved into the Second—a watchdog
Since end of the Cold War large consensus on protection/promotion of Human Rights
19.4.1 Standard Setting a The Universal Declaration 1948
10 Dec. 1948 UN Universal Declaration of HR created basic philosophy of Human Rights; concept of what values all States should cherish
Is the Universal Declaration legally binding on States?
No—they are not obligations/requirements
Moral and political force—recommendation to States
What types of rights does it protect and neglect?
Protect: Western ideas of rights, civil and political rights
Neglects more 2nd world ideas of economic, social, and cultural rights, nothing about economic inequalities b/w states
19.4.1 Standard Setting b) International Treaties
The next development in protection of rights was seen in the development of International Treaties. What are some of the most important regional treaties?
Covenant on Civil an Political Rights; Economic, Social, and Cultural Rights1966
American Convention on Human Rights
European Convention on Human Rights 1950
African Charter on Human and People’s Rights 1981
Arab Charter on Human Rights 2004 (not yet in force)
19.4.1 Standard Setting b International Treaties
What are some of the most important treaties granting protection of specific groups?
Conventions on genocide 1948
Racial discrimination 1965
Discrimination against women 1979
Against Torture 1984
Rights of the child 1989
2000 Optional protocol---Protection of Children in armed conflict, sale of children, child prostitution, and child pornography
Migrant Workers 1990
19.4.2 The Tendency to Overrule the Objection of Domestic Jurisdiction
How does UN justify intervention into States in regards to Human Rights?
Large-scale, flagrant violations on human rights constitute a threat to peace and friendly relations b/w States
What forms did UN intervention take?
Public discussion in UN body, adoption of resolution, making appeals, requesting the State to stop, recommendation of peaceful ‘sanctions’ against the delinquent State
19.4.3 Expansion of the Territorial Score of Human Rights Obligations
If States are expected to respect the Human Rights of their people, are they also to respect the rights of foreign nationals in their territory?
Yes
Are States only obliged to protect Human Rights on their own territory, and ignore rights when acting in another territory?
No, must respect human rights in all territories at all times
The rights are afforded to individuals, no matter where they are and no matter which States jurisdiction they are under
State cannot use another territory to abuse human rights, or ignore them when acting in another territory
19.4.4. Monitoring and Compliance
At the universal level, what is the level of development/quality of the use of Courts to monitor and enforce human rights in IL?
Not good
States are reluctant to use courts in IL, this is especially true for human rights
19.4.4. Monitoring and Compliance a Universal Level
So what types of methods are used to monitor compliance with human rights treaties/conventions?
Treaty/convention sets up a procedures:
1) requiring periodic reports to be submitted by States
2) for examination of inter-State complaints, one State makes a complaint against another State*
3) operating at the request of individuals or groups who file a ‘communication’ with a supervisory body*
* But States must have ratified the treaty, and have accepted a special clause providing the procedure
19.4.4 Monitoring and Compliance b Regional level
At the Regional level what has been done to monitor compliance with human rights?
Regional mechanism developed by regional treaties are more advanced than at the universal level
Judicial Bodies
European Court of Human Rights
Inter-American Commission and Inter-American Court on Human Rights
African Commission on Human Rights and the Rights of Peoples—monitoring body, not a judicial body
19.4.5 Human Rights, Humanitarian Law, and Litigation Before Municipal Courts
Can States or Individuals use municipal courts to enforce human rights?
Yes, depending on the State
Famous cases?
Shimoda and Eichmann
According to Cassese which country is very active in the use of municipal courts?
US—footnote on pg 393 lists cases
Europe
Civil cases-punishment is compensation
19.5 Human Rights and Customary International Law
What norms/customs have developed in the area of human rights law?
Norm forbidding grave, repeated, and systematic violations of human rights
Including protection for these specific areas:
Slavery, genocide, racial discrimination, forcible denial of people’s self-determination, and torture
Do these rules apply to all States, regardless of whether they have ratified conventions/treaties on the subject?
Yes
19.5 Human Rights and Customary International Law
Custom also imposes community obligations—all members of the international community are obligated to act. What measures are States allowed to use?
Diplomatic and economic measures, peaceful countermeasures (suspension of treaties or foreign aid)
Can States use force?
No
unless authorized by the UN SC to use force
19.7 The Present Role of Human Rights
What kind of influence have the post WWII efforts by the International community to protect human rights had on States?
States have evolved/modified their behaviors to protect human rights
States have developed their own laws for individual rights and protections from the States
The belief that some rights belong to all individuals is now widely shared by
Racial discrimination is universally considered repulsive
No State can engage in grave, repeated, and large-scale violations of rights without notice/reprimand by others in the International community
Peaceful intervention is allowed for grave, repeated, large-scale violations
Refugee Protection
20 million people are in ‘refugee-like’ status
What has the world done since WWII to respond to the needs of refugees?
United Nations High Commissioner for Refugees (UNHCR) 1950
What is the purpose of the UNHCR?
Coordinate multilateral aid
Find ‘durable solutions’ to the plight of refugees
Refugee Protection
What kind of tasks does the UNHCR perform?
Establishes temporary and permanent settlements for each refugee situation
Provides emergency relief and care
Facilitates cooperation with other UN members and IOs
UNHCR has budget of $400 million to $1 billion/yr
Refugee Protection
What other organizations does the UNHCR partner with?
World Food Program
Provides food aid
World Health Organization
Vaccination, prevention of disease
Refugee Protection
How did the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol define a refugee?
A person who:
Has a well founded fear of being persecuted for reasons of race, religion, nationality, membership to a particular social group or political opinion
Is outside the country of his nationality
Is unable or unwilling to avail himself to the protection of that nation
And is unable to return
Refugee Protection
What are some of the problems with the UNHCR definition of refugee?
It is individually focused
Excludes those who flee because of:
Occupation
Generalized violence
Civil war
Civil disorder
Civil unrest
Victims of extreme poverty or natural disaster
Refugee Protection
Can countries return/send back refugees?
Right to grant asylum is the sovereign right of States
Country’s who are signatories of the treaty are legally obligated to not return such people
Principle of ‘no return’, nonrefoulement
Asylum seekers must prove that they are ‘individual targets of persecution’
Refugee Protection
What happens to people seeking refugee status in a foreign land?
Process:
1) individual enters the territory and applies for asylum
2) if asylum is granted then the individual is registered with the UNHCR and considered a legal refugee (de jure refugee)
3) More permanent arrangements are made
Voluntary repatriation, resettlement, or assimilation
Refugee Protection
Who are IDPs and how do they differ from refugees?
Internally Displaced People
Similar to refugees, but are fleeing internally to a country
