Professional Documents
Culture Documents
- Affirmative Rights
o Can’t Destroy Affirmative Rights/Freedoms
International Treaties
ICESCR Art. 5
Regional
Specialized
o Right to Marry/Have a Family
International Treaties
UDHR Art. 16
ICCPR Art. 23
ICESCR Art. 10
Regional
ECHR Art. 12
ACHR Art. 16
ACPHR Art. 18
Specialized
o Owning Property
International Treaties
UDHR Art. 17
Regional
ACHR Art. 21
ACPHR Art. 14
Specialized
o Social Security
International Treaties
UDHR Art. 22
ICESCR Art. 9
Regional
Specialized
o Right to Work/Equal Pay/Safe Conditions
International Treaties
UDHR Art. 23
ICESCR Art. 7
Regional
ACPHR Art. 15
Specialized
o Rest and Leisure
International Treaties
UDHR Art. 24
Regional
Specialized
o Education
International Treaties
UDHR Art. 26
ICESCR Art. 13
ICESCR Art. 14 (free primary education)
Regional
ACPHR Art. 17
Specialized
o Culture
International Treaties
UDHR Art. 27
ICESCR Art. 15
Regional
ACPHR Art. 17
Specialized
o Health/Adequate Standard of Living
International Treaties
UDHR Art. 25
ICESCR Art. 11 (Standard of Living/Free from Hunger)
ICESCR Art. 12 (Health)
Regional
ACPHR Art. 16
Specialized
o Trade Unions
International Treaties
ICESCR Art. 8
Regional
ECHR Art. 11
Specialized
o Right to Development
ACPHR Art. 22 (economic, social, and cultural)
ACPHR Art. 24 (general satisfactory environment favorable to
development)
o Eliminate Foreign Exploitation of National Resources
ACPHR Art. 21
o Guarantee independence of the courts
ACPHR Art. 26
o Duties (in ACPHR)
Duties to the States (Art. 29)
Duties to the individual not to discriminate (Art. 28)
Duties to family, and exercising rights in common interest (Art. 27)
- Specialized Conventions/Charters
o UN Charter
Art. 1
Friendly relations among nations based on principle of equal rights
and self-determination
International cooperation in solving international issues…
promoting and encouraging respect for human rights
Art. 2
States cannot intervene in matters that are within the domestic
jurisdiction of any other State (But see Chapter VII)
Art. 55
Universal respect for, and observance of, human rights and
fundamental freedoms
Art. 56
States will take joint and separation action to achieve purposes in
Art. 55
o CEDAW (Women)
Discrimination (And Equality Defined) - Art. 1
o Discrimination is Any Distinction
(1) That diminished Women's Equality
(2) In Public or Private Sphere
o Civil and Political Obligations - Art. 2
To Promote Equality
Constitutional Reform
Legislative Reform
Judicial Enforcement
Refrain from Discrimination
Eliminate Private Discrimination
Repeal discriminatory penal laws
o Social and Economic Obligations - Art. 3
Guarantee equality in political, social, economic, and cultural
fields
o Affirmative Action - Art. 4
Temporarily OK
Short-term solution, but ultimately not the long-term
goal
o "Culture Smasher" - Art. 5
Culture can't be used as an excuse!
o Focus - Marriage - Art. 16
Most heavily reserved article
o No discrimination within marriage
o Consent
o Same rights during and on dissolution
o Same rights and duties as parents
o Same rights to decide spacing
o Same custody rights
o Same personal rights (e.g. name, profession)
o Same property rights
o CRC (Convention on the Rights of the Child)
Art. 2 – No Discrimination
Art. 3 – Best interest of the Child
Art. 5 – Right to Family Guidance
Art. 6 - Right to Life
Art. 7 – Right to Name/Nationality
Art. 8 – Right to an Identity
Art. 9 – Children should not be separated from their parents
Art. 11 – Protection against Kidnapping
Art. 13 – Freedom of Expression
Art. 14 – Freedom of Thought and Religion
Art. 15 – Freedom of Association
Art. 16 – Privacy
Art. 19 – Protection from Violence
Art. 24 – Right to Health, Water, Food, Environment (safe environment)
Art. 27 – Food, clothing, safe place to live
Art. 28 – Education
Art. 31 – Rest, play, culture arts
Art. 32 – Protection from Harmful Work
Art. 35 – Prevention of sale and trafficking
Art. 36 – Protection from Exploitation
Art. 38 – Protection in War
o Convention on the Rights of People with Disabilities (CRPD)
o CERD (Elimination of Racial Discrimination)
o CAT (Convention Against Torture)
See Nathan’s Outline
o Refugee Convention
- Regional Conventions
o Convention for the Protection of Human Rights and Fundamental Freedoms
(ECHR)
o The American Convention on Human Rights (ACHR)
o African (Banjul) Charter on Human and Peoples’ Rights (ACHPR)
- Clawbacks
o ICCPR Art 4
No Derogation of Art. 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18
o ICESCR Art. 4
o ECHR Art. 15
No Derogation of Art. 2 (except w/ legal acts of war), 3, 4, 7
o ACHR Art. 27
No derogation of 3, 4, 5, 6, 9, 12, 17, 18, 19, 23