Академический Документы
Профессиональный Документы
Культура Документы
A
PROJECT REPORT
ON
Table of Contents
S.No.
TOPIC
Page No.
1.
2.
3.
4.
5.
6.
Sessions
11
7.
12
8.
14
9.
16
17
18
12. Conclusion
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13. Bibliography
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HUMAN RIGHTS
INTRODUCTION: HUMAN RIGHTS AND INTERNATIONAL HUMAN RIGHTS LAW
Human1: A member of the Homo sapiens species; a man, woman or child; a person.
Rights2: Things to which you are entitled or allowed; freedoms that are guaranteed.
Human Rights are based on the principle of respect for the individual. Their
fundamental assumption is that each person is a moral and rational being who deserves to be
treated with dignity. That is why it is rightly said, Human Dignity is the quintessence of
human right3 They are called human rights because they are universal. Whereas nations or
specialized groups enjoy specific rights that apply only to them, human rights are the rights to
which everyone is entitledno matter who they are or where they liveBUT simply
because they are alive.4
Human Rights may be regarded as those fundamental and inalienable rights which are
essential for life as a human being. They are those rights which are possessed by every
human being, irrespective of his or her nationality, race, religion, sex etc. which are based on
mankind. They are sometimes called fundamental rights, basic rights or (natural rights)5.
As rightly stated, As fundamental rights or basic rights they are the rights which
cannot, be taken by any legislature or any act of the government and which are often set out
in a Constitution.6
www.thefreedictionary.com/human
www.thefreedictionary.com/rights
3
J.S. Verma, Former Chief Justice of India.
4
http://www.humanrights.com/what-are-human-rights.html, HUMAN RIGHTS DEFINED
5
A Natural Right is nothing but, rights based on just, fair and reasonable. This means, the individuals unite
themselves to form political societies through mutual consent, and agree to form a government of their own.
6
Kapoor,Dr.S.K, International Law and Human Rights, WHAT ARE HUMAN RIGHTS?, PG. No. 799
2
In words of D.D. Basu, Human Rights are those minimum rights which every
individual must have against the state or other public authority by virtue of his being a
member of human family, irrespective of any other consideration.7
So Further the question arises as to what constitutes International Human Rights Law.
International law designed to promote and protect human rights at the international, regional
and domestic levels comprises International Human Rights Law. As a form of International
Law, International Human Rights law is primarily made up of treaties, agreements between
states intended to have binding legal effect between the parties that have agreed to them; and
customary international law, rules of law derived from the consistent conduct of states acting
out of the belief that the law required them to act that way.8
International Human Rights Law lays down obligations which the state party are
bound to respect by becoming parties to International Treaties, states assume obligations and
duties under international law to respect, to protect and to fulfil human rights. These
obligation means and includes9:
1) The obligation to Respect means that the states must refrain from interfering with or
curtailing the enjoyment of human rights.
2) The obligation to Protect requires that the state to protect individuals and groups
against Human Rights abusers.
3) The obligation to Fulfil means that the state must take positive actions to facilitate the
enjoyment of basic Human Rights.
Basu, D.D., Human Rights in Constitutional Law, HUMAN RIGHTS, Pg. No. 12
http://en.wikipedia.org/wiki/International_human_rights_law , INTERNATIONAL HUMAN RIGHTS LAW
9
http://www.ohchr.org/EN/ProfessionalInterest/Pages/InternationalLaw.aspx, INTERNATIONAL HUMAN
RIGHTS LAW
8
10
All victims of human rights abuses should be able to look to the Human Rights Council as a
forum and a springboard for action. - Ban Ki-moon, UN Secretary-General, 200711
11
The Commission on Human Rights was created in 1947 with the goal of drafting the
Universal Declaration on Human Rights. After achieving this, it focused on setting standards
for international human rights though had no authority to consider violations of human rights
until 1967. The Commission on Human Rights initially played a minimal role in handling
complaints of Human Rights violation. From 1967 onwards, however it was authorised to
consider information relevant to gross violations and make a thorough study of report on
situations revealing a consistent pattern of human rights violations i.e. ECOSOC Resolution
1235. It also began to carry out regular operational fact-finding activities, and in, 1970,
ECOSOC devised an improved procedure for handling communications (complaints) from
individuals and non-governmental organizations relating to violations of Human Rights (the
1503 Procedure: ECOSOC Resolution 1503. Although promising in outline and inception,
the procedure proved generally ineffective.15
The United Nations Human Rights Commission has been at the centre of UN Reform
debates. The US and others did all they could to discredit the Commission. It was criticized
for being bureaucratic, excessively political and ineffectual. The Commission came under
most fire for allowing membership of states with bad human rights records, such as
Zimbabwe, Sudan and Saudi Arabia, who used the organization as a shield against scrutiny
and condemnation.16
15
th
Referred from- Brownlie, Ian, Brownlies Documents on Human Rights, 7 edn. Oxford University Press, At
Pg. 13, Originally From- Van Boven,T ., in Cassese ,A,.ed., U.N. Law/Fundamental Rights-Two topics in
International Law, Aalphen aan den Rijn:Sitjthoof Noordhoff, 1979, 111 at Pg. 124.
16
http://www.globalpolicy.org/un-reform/un-reform-topics/human-rights-council.html,HUMAN RIGHTS
COUNCIL
"The Council will be responsible for promoting universal respect for and protection of all
human rights and fundamental freedoms for all. It will address violations, promote human
rights assistance and education, and help develop international human rights law, review the
human rights records of member States, work to prevent abuses, respond to emergencies, and
serve as an international forum for dialogue on human rights issues."17
17
18
duplicate the work of treaty bodies; the council shall develop modalities and
necessary time allocation of the universal periodic review mechanism within one year
after holding of its first session;
6. Contribute, through dialogue and cooperation, towards the prevention of human rights
violations and respond promptly to human rights emergencies;
7. Assume the role and responsibilities of the Commission on Human Rights relating to
the work of the Office of United Nations High Commissioner for Human Rights, as
decided by the General Assembly in its resolution 48/141 of 20 December 1993;
8. Work in close cooperation in the field of human rights with Government, regional
organizations, national human rights institutions and civil society;
9. Make recommendations with regard to the promotion and protection of human rights;
10. Submit an annual report to the General Assembly.
The council represents a great new chance for the U.N. and for humanity to renew
the struggle for Human Rights19
SESSIONS
The Human Rights Council holds no fewer than three regular sessions a year, for a
total of at least ten weeks. They take place in March (four weeks), June (three weeks) and
September (three weeks).
If one third of the Member States requests so, the Human Rights Council can decide
at any time to hold a special session to address human rights violations and emergencies.
Till date, 24 Regular sessions and 19 Special sessions, are held. The recent 24th
regular session20 of the Human Rights Council was organised with a panel over the issues
related to:
1. Syria attacks.
2. Human rights of children where parents are sentenced to death or are executed.
3. Gender Integration.
4. Indigenous peoples.
The 19th Special session of the Human Rights Council discussed the issues
"deteriorating human rights situation in the Syrian Arab Republic and the killings in ElHouleh"21
19
st
th
10
22
11
Members of the Council serve for a period of three years and are not eligible for
immediate re-election after serving two consecutive terms. The Bureau of the Council
consists of five people - one President and four Vice-presidents representing the five
regional groups. They serve for a year, in accordance with the Councils annual cycle.
A member of the council may be removed should it be found to have "persistently
committed gross and systematic violations of human rights," but a two-thirds majority vote of
the General Assembly is required. No nation has been subjected to removal since the
council's establishment in 2006. Non-member nations may also participate in council
proceedings as observers.23
23
12
25
13
which the 192 UN Member States will be considered during the first four-year cycle. Each
review is facilitated by groups of three States, or troikas, who act as rapporteurs.
The reviews are conducted by the UPR Working Group which consists of the 47
members of the Council; however any UN Member State can take part in the
discussion/dialogue with the reviewed States. Each State review is assisted by groups of three
States, known as troikas, who serve as rapporteurs. The selection of the troikas for each
State is done through a drawing of lots following elections for the Council membership in the
General Assembly. The documents on which the reviews are based are: 1) information
provided by the State under review, which can take the form of a national report; 2)
information contained in the reports of independent human rights experts and groups, known
as the Special Procedures, human rights treaty bodies, and other UN entities; 3) information
from other stakeholders including national human rights institutions and non-governmental
organizations. Reviews take place through an interactive discussion between the State under
review and other UN Member States. This takes place during a meeting of the UPR Working
Group. During this discussion any UN Member State can pose questions, comments and/or
make recommendations to the States under review. The troikas may group issues or questions
to be shared with the State under review to ensure that the interactive dialogue takes place in
a smooth and orderly manner. The duration of the review was three hours for each country in
the Working Group during the first cycle. From the second cycle onwards the time has been
extended to three hours and thirty minutes.26
26
http://www.upr-info.org/
14
The Advisory Committee provides expertise to the Council in the manner and form
requested by it. It mainly focuses on studies and research-based advice.
The Committee may also propose within the scope of the work set out by the Council,
for the latters consideration and approval, suggestions for further research proposals.
In its work, the Committee should be implementation-oriented and the scope of its
advice should be limited to thematic issues pertaining to the mandate of the Council,
namely promotion and protection of all human rights.
27
http://www.ohchr.org/EN/HRBodies/HRC/AdvisoryCommittee/Pages/AboutAC.aspx
15
28
http://en.wikipedia.org/wiki/United_Nations_Human_Rights_Council/
16
to ensure that the procedure be impartial, objective, efficient, victims-oriented and conducted
in a timely manner.29
Forum on Minority Issues, established to provide a platform for promoting dialogue and
cooperation on issues pertaining to national or ethnic, religious and linguistic minorities
Social Forum, established as a space for dialogue between the representatives of Member
States, civil society, including grass-roots organizations, and intergovernmental
organizations on issues linked with the national and international environment needed for
the promotion of the enjoyment of all human rights by all.31
29
http://www.ohchr.org/EN/HRBodies/HRC/ComplaintProcedure/Pages/HRCComplaintProcedureIndex.aspx
On 18 June 2007, one year after its first meeting, the Human Rights Council adopted its Institution-building
package (resolution 5/1) which details procedures, mechanisms and structures that form the basis of its work.
31
http://www.ohchr.org/EN/HRBodies/HRC/Pages/OtherSubBodies.aspx
30
17
Nations human rights machinery and covers all human rights: civil, cultural, economic,
political, and social. As of 1 October 2013 there are 37 thematic and 14 country mandates.32
With the support of the Office of the United Nations High Commissioner for Human
Rights (OHCHR), special procedures undertake country visits; act on individual cases and
concerns of a broader, structural nature by sending communications to States and others in
which they bring alleged violations or abuses to their attention; conduct thematic studies and
convene expert consultations, contribute to the development of international human rights
standards, engage in advocacy, raise public awareness, and provide advice for technical
cooperation. Special procedures report annually to the Human Rights Council; the majority of
the mandates also reports to the General Assembly. Their tasks are defined in the resolutions
creating or extending their mandates.33
Special procedures are either an individual (called "Special Rapporteur" or
"Independent Expert") or a working group composed of five members, one from each of the
five United Nations regional groupings: Africa, Asia, Latin America and the Caribbean,
Eastern Europe and the Western group. The Special Rapporteurs, Independent Experts and
members of the Working Groups are appointed by the Human Rights Council and serve in
their personal capacities. They undertake to uphold independence, efficiency, competence
and integrity through probity, impartiality, honesty and good faith. They are not United
Nations staff members and do not receive financial remuneration. The independent status of
the mandate holders is crucial in order to be able to fulfil their functions in all impartiality. A
32
http://www.ohchr.org/EN/HRBodies/SP/Pages/Introduction.aspx
http://www.equalityhumanrights.com/human-rights/our-human-rights-work/internationalframework/united-nations/un-human-rights-council/#Specialprocedures
33
18
34
http://en.wikipedia.org/wiki/United_Nations_Human_Rights_Council
19
CONCLUSION
The UN Human Rights Council attained successes over the years by continuing to
improve its response to human rights violations around the world. As rightly suggested, The
Human Rights Council has finally begun to live up to its mandate by taking quick action on
human rights crises in places like Syria and Cte dIvoire, now the key challenge is keeping
the Council moving forward, and not backsliding.35 The Commission of Human Rights and
establishing the UN Human Rights Council as an intergovernmental body within the United
Nations, the main objectives and principles set from the UNHRC itself were to make an
improvement in the field of human rights violation and to prevent the mistakes that the
previous body made.
But the main problems included allowing countries with poor human right records to
be members, and the fact that the UNCHR enabled members to cooperatively vote bloc
important human rights resolutions, in order to protect the respect of their countries on
international level, thereby hiding the fact that HR violations exist, and preventing the body
from offering support.36
Sadly, the expansions of this body - the Advisory Committee and Complaints
Procedure methods, although supposed to make improvements in the quality of the body,
made no significant difference in the final decision-making process and the development of
new resolutions, since the problems of the previous body are still existing.
The outcome of the five-year review has been criticized by some human rights groups
and Government for not sufficiently addressing what many saw as the Councils lack of
35
20
effectiveness in addressing human rights issues.37 The Human Rights Council acted promptly
and helpfully on several crises this past year. The Council has come a long way, but it still
needs to address many parts of the world where violations are being ignored. 38 According to
some critics following are some of the reasons for why United Nations Human Rights
Council should be abolished?39
1. Politicized decision-making process.
2. Disproportional and ineffective protection of human rights.
3. UNHRC kept the weaknesses of the Commission.
4. The UNHRC is a "leading sponsor of impunity for gross abuses worldwide"
But the rebuttal to these points, that why United Nations Human Rights Council should not
be abolished40 are also stated by some other critics, saying, 1. The Council has a unique place in the UN and global Human Rights efforts.
2. It provides an essential contribution to the global protection of human rights
3. Encouraging dissemination of human rights ideals
4. The political system of the UNHRC promotes Human Rights.
37
Statement by Human Rights Watch at the second session of the Intergovernmental Working Group on the
Review of the Human Rights Council, Review of the Human Rights Council: A Deplorable Lack of Progress,
February 9, 2011
38
http://www.hrw.org/news/2011/09/22/un-human-rights-council-build-recent-successes
39
http://debatewise.org/debates/3549-the-un-human-rights-council-should-be-abolished/
40
Ibid.
21
BIBLIOGRAPHY
Indian Authors
1. Kapoor, Dr. S.K., International Law and Human Rights, Central Law Agency, New
Delhi. 10th edn. 2011.
2. Aggarwal, Dr. H.O., International Law and Human Rights, Central Law
Publications, New Delhi. 12th edn. 2013.
Foreign Authors
1. Brownlie, Ian, Brownlies Documents on Human Rights, Oxford University Press,
7th edn. 2012.
2. Smith, Rhona K.M., Textbook on International Human Rights, Oxford University
Press, 11th edn. 2011.
Internet References
1. www.ohchr.org
2. www.humanrights.com
3. www.thefreedictionary.com
4. www.wikipedia.org
5. www.worldnews.about.com
6. www.globslpolicy.org
7. www.middleeast.about.com
8. www.debatewise.org
9. www.equalityhumanrights.com
10. www.upr-info.org
11. www.hrw.org
INTERNATIONAL HUMAN RIGHTS LAW
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