Introduction to the United Nations

Human Rights System

PHILLIP FRENCH
DIRECTOR
AUSTRA LIA N CEN TRE FOR DISA B ILITY LAW

2012
 Session overview

 Introduction to the United Nations

 Introduction to human rights
 Introduction to international human rights law
 Introduction to the United Nations

 Formation and purpose

 Established 1945 under Charter
 Four broad purposes
 Maintain international peace and security
 Develop friendly relations among nations
 Achieve international co-operation:
 In solving international problems of an economic, social, cultural or
humanitarian character
 In promoting and encouraging respect for human rights and fundamental
freedoms
 Centre for harmonising the actions of nations to attain these ends
 Membership
 193 members
 Every internationally recognised sovereign state, except Vatican City
 Australia – a founding member
 Introduction to United Nations

 Principal organs
 General assembly
 Councils
 Human Rights Council
 Programmes and Funds
 United Nations Development Fund
 Office of the High Commissioner for Refugees
 Security council
 Economic and Social Council
 Regional commissions
 Secretariat
 Specialised agencies
 United Nations Educational, Scientific and Cultural Organisation
 International Monetary Fund
 World Health Organisation
 International Court of Justice
 Introduction to human rights

 Fundamental values (fundamental law)

 Normative
 Universal
 Belong to every human being, irrespective of nationality, place of residence,
gender, national or ethnic origin, colour, religion, language, or any other
status
 Inalienable
 Inherent to the person; can not be given nor taken away (except in
accordance with law)
 Indivisible
 All human rights are of equal value and importance
 Interdependent
 Human rights cannot be realised in isolation from each other. The
improvement of one right facilitates the advancement of others; deprivation
of one right adversely affects other rights
 Introduction to international human rights law

 Classes of rights
 Civil and political rights
 ‘First generation’; ‘Negative rights’; ‘Individual rights’
 Immediately attainable – must be fully realised on entry into force

 Economic social and cultural rights

 ‘Second generation’; ‘positive rights’; ‘collective rights’
 Progressively attainable – (but not aspirational!)
 Must be pursued to full extent of available resources

 Obligation to take progressive action is immediate

 Regressive measures not permissible

 Implementation measures must be equitably distributed across

population with greatest emphasis on most disadvantaged
 Introduction to international human rights law

 International Bill of Rights

 Universal Declaration of Human Rights (1948)
 International Covenant on Civil and Political Rights (1966)
 International Covenant on Economic, Social and Cultural Rights (1966)

 Other ‘core’ human rights instruments

 International Convention on the Elimination of All Forms of Racial Discrimination (1965)
 International Convention on the Elimination of All Forms of Discrimination Against
Women (1979)
 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (1984)
 Convention on the Rights of the Child (1989)
 International Convention on the Protection of the Rights of All Migrant Workers and
Members of their Families (1990)
 Convention on the Rights of Persons with Disabilities (2006)
 International Convention for the Protection of All Persons from Enforced Disappearance
(2006)
 Introduction to international human rights law

 Hierarchy of international human rights instruments

 Core treaties
 Binding upon parties
 Committee of experts

 Declarations, Principles, Action Plans

 non-binding
 Provide policy guidance

 Enforcement of international human rights law

 Persuasive – based upon the solemn commitment of States Parties –
the State itself must commit to action to resolve violations (a kind of
‘ethical contract’ between States)
 Levels of State Party obligation

 Recognition of the treaty – must enact laws and develop

policies and programmes to give effect to human rights
 Respect treaty rights – must refrain from action that
arbitrarily interferes with human rights
 Protect treaty rights – must prevent non-State actors
from arbitrarily interfering with human rights
 Fulfil treaty rights – must take positive action to ensure
that treaty rights are realised in fact
 Interpreting international human rights law

 ‘Living tree doctrine’

 The text of a treaty is considered organic and it must be interpreted
in a broad and progressive manner so as to adapt to contemporary
conditions
 ‘Broad and purposive’ approach
 The text of a treaty is not to be interpreted narrowly or literally;
instead, it is to be interpreted broadly in light of its underlying
purpose