What does it mean that human rights are universal?
They apply to everyone everywhere.
What are two terms for a binding agreement, other than treaty?
Covenant, Protocol, Convention
What are treaty bodies?
Committees of independent experts that monitor implementation of international human rights treaties
What is the Human Rights Council?
The Human Rights Council is an inter-governmental body within the UN made up of 47 States that are responsible for the promotion and protection of all human rights around the globe
It is not to be confused with the Human Rights Committee, the treaty body that monitors the ICCPR
What is an example of a civil and political right?
Right to life, freedom from torture, liberty and security of person, freedom of movement, due process, privacy, freedom of expression/religion, assembly, association, vote, and equality
What does it mean that human rights are inalienable?
Human rights cannot be taken away. Every person is entitled to human rights by virtue of being human.
What is the legal force of the UDHR?
Not legally binding treaty, but principles are embodied in binding treaties and incorporated in domestic law. Parts of it are binding customary law.
What is the name for an independent NGO submission to a treaty body to help it assess a state’s compliance with that treaty?
A shadow or alternative report
What are Special Rapporteurs?
Independent experts appointed by the Human Rights Council to address a human rights situation either thematically or for a specific country
What is an example of an economic and social right?
Right to work, social security, adequate standard of living, health, housing, food, water, education, cultural life & benefits of scientific progress
What does it mean that “all human rights are indivisible, interdependent, and interrelated”?
“This means that one set of rights cannot be enjoyed fully without the other. For example, making progress in civil and political rights makes it easier to exercise economic, social and cultural rights. Similarly, violating economic, social and cultural rights can negatively affect many other rights.”
What is the foundational document of the UN human rights system, and when was it adopted?
Universal Declaration of Human Rights, adopted by UN general assembly after WWII in 1948.
Will also accept the UN Charter; adopted in 1945.
What are General Comments or Recommendations?
This refers to a treaty body’s interpretation of a particular treaty provision
What is Universal Periodic Review?
A process in which the HRC reviews the human rights records of all UN member states approximately every 4 years
Name two ways in which human rights translated into national law and practice
Through incorporation into national constitutions, legislation, court decisions, policies, and education
What does “exhaustion of domestic remedies” mean?
This refers to the requirement to seek all available avenues for national redress before approaching a regional or international human rights tribunal.
What documents make up the International Bill of Rights?
Universal Declaration of Human Rights, International Covenant on Civil and Political Rights and its two optional protocols, and International Covenant on Economic, Social, and Cultural Rights
What are Concluding Observations?
This refers to recommendations by a treaty body upon review of a state’s country report on actions a state should take to comply with its treaty obligations
Name two thematic mandates of the Special procedures
What is a Reservation?
A caveat to a state’s acceptance of a treaty, excluding or modifying the legal effect of certain treaty provisions. A reservation must not be “incompatible with the object and purpose” of a treaty.
What is the difference between signature and ratification of a treaty?
Upon signature, a government may not undertake any action that would defeat the object and purpose of the treaty. The government indicates that it agrees with the principles contained in a treaty, and that it has the intention of becoming legally bound by it in the future. Upon ratification or accession, a government becomes legally bound by a treaty.
Name two treaties ratified by the United States
International Covenant on Civil and Political Rights, International Convention on the Elimination of all forms of Racial Discrimination, Convention Against Torture, Genocide Convention, two Optional Protocols to the Convention on the Rights of the Child
What are two ways in which treaty bodies monitor compliance with a treaty?
Review country reports, hear individual complaints, conduct investigations of “grave and systematic” violations
What are three activities undertaken by Special Rapporteurs?
Special Rapporteurs carry out country visits, develop thematic reports, send communications to states responding to urgent appeals and allegation letters, and creatively promote human rights, including through media outreach and amicus briefs
What are some ways international human rights bodies advance human rights?
International human rights bodies advance human rights through international pressure, “providing an international spotlight for gross abuses, giving voice to individuals and civil society groups seeking greater human rights protections and transparency at home, and providing legitimacy to domestic human rights and democracy movement” (Tara Melish).