CLASS 2: THE SYSTEM OF INTERNATIONAL PROTECTION OF HR

The International protection of HHRR is divided into universal and regional protection. Within universal
protection we find IO, NGOs, TNC, state and individuals (do not have legal personality at the international
level) while in the regional brunch we find regional instruments such as the Inter American Court of HHRR,
African Court of HHRR, HHRR and Islam in Europe, etc.

 UNIVERSAL PROTECTION
United Nations is the main representative of the universal protection. UN Charter of 1945 was the first treaty
ever to deal with the international protection of HHRR, before it was considered as an internal affair of states.
The predecessor was the League of Nations which had a system of minorities protection (slavery, for
example). Thus, there were examples of human rights protection but no general international treaty.
Within the system of the UN protection there are instruments based on the UN charter (political instruments:)
and based on international treaties (legal instruments,). We can also talk about the Geneva Conventions,
although it is more correct referring to them as humanitarian law instead of human rights protection.
Charter based protection includes some legal standards, some legally binding documents but the major part is
soft law: political standards and diplomatic practice. The substance of treaty-based protection is legal as it is
based on legally binding documents with control mechanisms.
Within the “family” of the UN HHRR protection we find several specialized agencies, World Bank Group
(Washington Group) along with WTO (although it is not formally part of the UN), ICC, ICRC.
o UN Specialized Agencies (exam: besides the UN there are SA involved in standards settings and
HHRR monitoring)
Such as FAO, ILO, UNESCO, WHO, these are charter based. They are fully international organizations.

- ILO (1919, Geneva)

International labor standards along with social standards, gender equality, freedom of association, child labor.
Its agenda is based on the standardization of human rights on labor regulations, social standards, gender
equality, freedom of association. Only the ILO has adopted legally binding standards in this field. It also
monitors and supervises that state parties provide information through annual reports (Governing Body) that
will be analyzed by committees of experts (Committee of Experts), complaint procedure (Commission on
Inquiry).
** Indigenous and Tribal Peoples’ Convention 1989.

- UNESCO (1945, Paris)

Scientific standards, cultural rights (in relation to ethnic minorities). The most important convention is the
Convention on Discrimination in Education (1960). It is stipulated that equality of all human rights should be
promoted since the education, and this is legally binding for all states. It also performs activities of
supervision through different mechanisms such as state reporting (Committee on Conventions and
Recommendations) or complaint procedure (journalists, publishers, students, etc.)

- FAO (Food and Agriculture Organization, 1945, Rome).

Based on the right to adequate food (this a second-generation human right). In the World Food Summit of
1996, the goal of reducing the number of undernourished people by half until 2015 was established. In 2001
the International Treaty on Plant Genetic Resources for Food and Agriculture was ratified in which farmers’
rights and agricultural biodiversity were stablished.

- WHO (World Health Organization, 1945, Geneva)

Human right to health, assistance to governments. It establishes the framework of the universal right to health
although each country regulates itself within this framework. The International Health Regulation in 1969
(last revised in 2005) describes the public health response to the international spread of disease.
There might me several problems in the practice related to economic aspects for example during a vaccination
campaign it is relevant who supplies the vaccines, the production of doses and the distribution and in this case,
billions of dollars need to be invested not only on buying but also in developing the product. Then health
becomes an economic interest with TNCs involved.

- World Bank and International Monetary Fund

Bretton Woods mechanisms. Loans and development programs in poorer countries, poverty reduction, debt
relief. Oversized projects and human rights infringements. Interest of TNCs as WB buys money on specific
situations. Sometimes there is interest of the TNC on investing in that country but the people living in that
country is not interested in that investment for example the right to water (privatization of water utilities such
as in Bolivia in 2005). The WB developed several guidelines related to this investment and its negative effects
in the future.

- World Trade Organization

It is not a UN specialized agency and there is no direct link to UN human rights standards. It is a symbol of
neo-liberalism: lack of legal protection, no responsibility of transnational corporations (TNCs). Contribution
of trade to poverty reduction.
o NGOs

NGOs have common characteristics: they are no-profit driven, voluntary (then private organizations),
independent from governments (a controversy within NGOs is achieving its total independency from
governments). The fact that they are no-profit driven is what differentiates NGOs from TNCs. Their status is
not based on international law but on national law. Then, their legal status is laid down on national
regulations. However, they have certain consultative role.
1993 World Conference on Human Rights: 1529 registered NGOs. They reflect the power that civil society
has gained over the years. NGOs have formal recognition, for example, they have consultative status for the
UN or the CoE.
Its functions are fact-finding, they collect important facts for the monitoring of human rights protection;
lobbying, when it comes to draft laws or suggestions for new documents; education, in the field of HHRR;
drafting of documents; assistance to victims that sometimes work together with other UN organizations. Also,
they work with fund raising. Usually, people working for NGOs are understood as HHRR defenders (UN
Declaration on Human Rights Defenders 1998).
Examples: HHRR Watch, Amnesty international. Minority Rights Group, Oxfam, International Commission
of Jurists, International Helsinki Federation, etc.
Special case: the International Committee of the Red Cross (International Humanitarian Law). Unlike
the other NGOs, this organization has legal personality under international law (Geneva Conventions
and Humanitarian Law).
o Transnational corporations (TNCs)

A transnational/multinational corporation has its headquarters in one country and operates wholly or partially
owned subsidiaries in one or more other countries. Some examples of TNCs are IBM, Exxon, Nike, etc. IOs
try to include TNCs in dialogue in order to achieve HHRR protection in the business field.
The UN Global Compact 2000, which is a non-binding treaty, voluntary in the form of a discussion forum,
stablished business rules (10 principles): human rights, labor, environment, anti-corruption...
2003: Draft Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with
regard to Human Rights (UN Sub-Commision).

- TNCs shall treat each worker with equality, respect and dignity.
- TNCs shall prevent their own products from being used to commit human rights or humanitarian law
violations.
- TNCs shall not use forced or compulsory labor

2011: Guiding Principles for Business and Human Rights (three pillars):

- The state duty to protect human rights.

- The corporate responsibility to respect human rights.
- Access to remedy for victims of business-related abuses.

o UN Charter-based System for the Protection of Human Rights

UN-Charter 1945: article 1 establishes the purposes of the UN within which are found the equal rights and
self-determination of peoples along with promoting and encouraging respect for human rights and
fundamental freedoms without distinction as to race, sex, language, or religion.
UDHR 1948 (GA Resolution, soft law): establishes common standards of achievement for all peoples and all
nations (preamble). Political and moral authority although there are parts of the Declaration which are
customary law, then no legally binding. Influences state practice. There is no general document related to
human rights protection, only the UNC in which article 1 becomes binding.
CHARTER BODIES
All bodies are concerned with HR.
General Assembly: : it has a very important role in HR soft law declarations, conventions, and resolutions. It
has general competence in all universal intertest and issued. Its general competence is recognized in the
Article (10). Studies on HR and recommendations (Article 13). Declarations vs conventions  GA is perfect
forum for the adoption of International Treaties but they only become binding when accepted by the member
states. It adopts HR conventions (mainly by consensus). The consensus required makes it sometimes less
effective than other bodies on taking decisions.

- General Competence in all issues of international interest (art.10 UNC).

- Studies and recommendations for promoting international cooperation in the political field and
encouraging the progressive development of international law and its codification (art.13 UNC)
- Adoption of HR conventions and many political discussions, GA acts as a forum of exchange of ideas
of MSs. Consensus!
- Universal Declaration in 1948

Security Council: Chapter 7 of the Charter  legally binding sanction. The agenda of the security council is
mainly about international peace and security. It has powers related to international sanctions. In times of cold
was it was unable to adopt legally binding decisions. But in 1919, there is a shift in the situation related to the
security council, entering HR to the council’s agenda as a main topic. Targeted or smart sanctions against the
European rulers freezing the assets.
 - Its major competence lays on peace and international security, it is not conceived as a human rights
body. Art. 39 UNC says that The Security Council shall determine the existence of any threat to the
peace, breach of the peace, or act of aggression and shall make recommendations, or decide what
measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international
peace and security.
- Art 41: The Security Council may decide what measures not involving the use of armed force are to
be employed to give effect to its decisions, and it may call upon the Members of the United Nations to
apply such measures. These may include complete or partial interruption of economic relations and of
rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of
diplomatic relations.
- Art 42: Should the Security Council consider that measures provided for in Article 41would be
inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may
be necessary to maintain or restore international peace and security. Such action may include
demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United
Nations.
- For many years it had been absurd to think of SC as a hhrr protector. For many political reasons SC
has been blocked due to veto power. However, there were some examples of interventions in the
name of human rights (threat to peace)
o 1965 Southern Rodesia (regime based on minority rule)
- After CW, new approach of SC towards hhrr issues. SC started to interpret serious hrr violations
understanding them as security issues.
o 1992 Somalia (humanitarian crisis)
o 1993 Haiti (denial of the right to democratic government): SC decided to evoke sanctions to
Haiti.
- Peace-keeping operations
- International criminal tribunal (ICTY, ICTR): crimes against humanity, war crimes, genocide. SC has
the capacity to stablish international criminal courts.
- Chapter VII: threats to the peace, breaches of peace, acts of aggression.
- Targeted sanctions: targeted sanctions are intended to be directed at individuals, companies and
organizations, or restrict trade with key commodities.
International Court of Justice:
Main judicial body of the United Nations, exceptionally it can act such as a HHRR court, but the general rule
is that it is not a HHRR Court. It has two types of procedure: contentious and advisory. It deals with
territorial disputes for example. There is no possibility for individual complaint as individuals do not have
legal standing in the procedure before the ICJ. Czech Republic does not accept the jurisdiction of the ICJ.
Court exceptionally dealing with HHRR and applying those provisions although it is not its general agenda,
for example:

- Contentious procedure: legally binding decisions (states must accepts the jurisdiction of the ICJ)
o 1993-2007: application of the Convention on the Prevention and Punishment of the Crime of
Genocide (Bosnia and Herzegovina vs. Serbia and Montenegro), the ICJ decided that Serbia
has not committed genocide through its organs, but it violated its obligation to prevent
genocide.
- Advisory proceedings: will not lead to legally binding results.
o 2004 “Legal Consequences of the Construction of a Wall in the Occupied Palestinian
Territory”, human rights instruments (ICCPR; ICESCR, CRC) are applicable in the Occupied
Palestinian Territory.
o 1996 “Legality of the Threat or Use of Nuclear Weapons”
UN Secretary-General
Appointed by the General Assembly, in charge of administration. It is the spokesperson of the UN. 2001
Nobel Peace Prize to Kofi Annan, the secretary general at that time. Office of the high commissioner for HR
(OHCHR) in New York – accountable to the SG. It is the bureaucratic body for the protection of HR.
ECOSOC
- Commissions for the promotion of human rights (art. 68)
- Coordination of UN specialized agencies
- Consultation with 2100 NGOs (consultative status)
- Commission on Human Rights 1946 (replaced by the Human Rights Court 2006)
- Sub-commission on the Promotion and Protection of Human Rights 1947/1999 (originally Sub-
Commission on Prevention of Discrimination and Protection of Minorities), since 2006: advisory
committee.
- Commission on the status of women 1946.

UN HIGH COMMISSIONES ON HUMAN RIGHTS

In June 1993, the World Conference on Human Rights took place in Vienna. It is considered a preventive
source of preventive diplomacy. In December 1993, the GA resolution established: Assistance to HR bodies;
Coordination of UN education and public information programmes, and preventive diplomacy (dialogue with
governments)
HUAN RGHTS COUNCIL
In March 2006 it was established by a GA resolution. The commission was sometimes paralyzed by the
interest of the member states, so the system did not work correctly. The problem was the political bias. For
this reason, in 2006 the HR Council was created. It is no longer a subsidiary body of the ECOSOC, but by the
GA. So, in diplomatic terms is some kind of upgrading the system. HR became upgraded as they were
regulated under the GA resolutions. It is composed by 47 members (three years). The first session took place
in June 2006. It has a special task: review of Special Procedures. Special procedures: thematic and country-
specific:
- Working group on arbitrary detention
- Working group on enforced or involuntary disappearances
- Working group on the issue of human rights and transnational corporations and other business
enterprises
- Independent expert on the enjoyment of all human rights by older persons
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living,
and on the right to non-discrimination in this context.
- Special rapporteur on the right to development
- Special rapporteur on the rights of persons with disabilities
- Special rapporteur on the rights of food
- Special rapporteur on the rights of indigenous peoples
- Special rapporteur on the human rights on internally displaced persons
- Special rapporteur on the promotion and protection of HR while countering terrorism

HRC INSTRUMENTS
- Complaint Procedure – Resolution 5/1 of 2007:
 o Confidential
o To address consistent patterns of gross violations of HR
o Investigation by working groups
- Special Procedures
o Rapporteurs and working groups
- Universal periodic review
o Of all 192 UN member states.