Date- 01.02.

2023

Assessment Structure- Internals

1. Group Project (25)
2. Individual Assignment (25)

Human Rights Bodies- UN -> UNHRC

Blackstones international Human Rights Commission 11th Edition-Alisson Bisset

Varies Perspectives of Human Rights

- Human Rights as natural rights
- Human Rights as Positive Law
Human rights as limit on bad govt.
As explaining the requirement of good govt.
Political association between state and individual.
- Interventionist account of HRs
- International law and HR’s

Positive law- black and white letter of the law

Elements of positive law -> authority

Historical Context Year Instrument

1215 Magna Carta
Domestic Milestones 1689 English Bill of Rights
1776 US Declaration of Independence
(Impact of Enlightenment Thinkers*) Virginia Declaration of Rights
1789 French Declaration of the Rights
Of Man and Citizen
US Constitution
1791 US Bill of Rights

Critiques of 19th Century

Jeremy Bentham- nonsense upon stilts
Edmund Burke- monstrous fiction
Karl Marx- rights were for egoistical men; they did not truly free the individual at all
Growth and development of HRs in domestic law
- Cannot discount the impact of momentous declarations and bills
- However, limited impact
- Right of women?
- Leading cases decided in USA
o Marbury v Madison (judicial Review being inherent power of the court)
o Dred Scott v Sandford (slaves belong to property owners and not covered
under the constitution
o Brown v Board of Education (end to the separate but equal doctrine)
International Law and Human Rights in 19th Century
- No protection of human right prior to 1940s
- Diplomatic protection
- International minimum standard of treatment for aliens
- Rights vested on ground of citizenship
- Not by virtue of human beings
- Enforcement by the state concerned
- Nothing on how a state treats its own people
- Changes in International law in two spheres
- Abolition of Slave trade
o Somerset Case
o Role of UK
o Bilateral Treaties
o Inspection of Ships and enforcement
- International Humanitarian Law
o Battle of solferino(1859)
o Henry Durant- ICRC
o Geneva Convention(1864), Hague Convention (1899 and 1907), Geneva
Conventions(1949) and Additional Protocols.
Human Rights and the World War
- Changes in International law
- League of Nations and protection of minorities post First World War
o Was it for human rights or regional stability
o International law imposed duties on states
o Individual petitions to international body
o Did not apply uuniversally to all nations
- Second world war
o Nazi concentration camos
o First proposal for international code of human rights 1929- Ney York institute
of international law
o H.G. Wells (Rights of man)
o White Rose Movement (Executed by the Gestapo) movie sophy choll
o Roosevelt- 4 Essential human freedoms (Speech and expression, worship,
want and fear)
o Atlantic declaration- Roosevelt

Date- 02.02.2023

UN Charter
- 1945- UN Charter
o Preamble of UN Charter- determined to save succeeding generations from
the scourge of war, which twice in our lifetime has brought untold sorrow to
mankind, and to reaffirm faith in fundamental rights, in the dignity and worth
of the human person, in the equal rights of men and women of nations large
and small.
 o Domestic jurisdiction clause a hindrance to realization of human rights as
mentioned in the charter?
o Did not commit the nations to substantial human rights obligation [Art. 55(c)
r.w. Art. 56]
- Universal declaration of human Rights- 1948
o Not binding
o Lauterpacht of ‘Controversial Moral authority’
- ICCPR/ICESCR
o Weak enforcement regimes for both treaties
Australia, Chile, France Russia

International milestones of human rights and world war

1941 Roosevelt’s Four Freedoms Speech
1942 Declaration of the UN
1945 UN Charter
1948 Universal Declaration of Human Rights Convention on the Prevention and
Punishment of the Crime of genocide
1949 Four Geneva convention
1966 ICCPR & ICESR opened for Signature
1976 ICCPR & ICESR enter into force

Immanuel lavenas- primary error of western philosophy- natural rights can be brought into
inclusivity
human rights as natural rights delve into Matters of empathy, moral obligation

Human rights as positive law- important to understand that we dedicate the relationship of
human rights to a defined entity and us as individuals being part of that entity.
Social Contract theory- prior to existence of law, human beings are inner state of nature.
Individuals come together to give some rights in order to retain security.

Thomas Aquinas
Joshua con- failure to recognize rights of citizen is basically amounts to treating your fellow
citizens as outsiders. There is a constitutional basis in the political association
between state and individual.

Limitation of international law- subjective

Hersch lauterpacht

John rolls- gives important perscpective- tries to shift focus of human rights from states to
the international community and says that if he were to develop and account of
human rights, it did not depend on any philosophical doctrine.

Charles beitz for interventionist account- said that there are certain individual interest and
on the basis sof that we can protect the people at large against their violation.
Basically says that we need to identify the norms that apply to state and secondly
 the reasons for why the international community may intervene in terms of failure
to comply with the obligation.
Allen bukanon talked about fact that why does international human rights exist. Provided a
perspective called the mirroring view- just because there is no corresponding moral
right with the legal right does not mean there is no moral right

Date- 08.02.2023

UN Charter Based Human Rights Protection

Universal Periodic Review- every single member state goes through round table interaction
talking about human rights record.

Human Rights Commission to human rights council

Un Charter preamble reaafirms faith in fundamental human rights, in the dignity and worth
of the human person
- Article 1- respects for human rights as one of the purposes of the organization
- Art. 55- that UN shall promote universal respect for and observance of human rights
and fundamental freedoms for all.
- Art. 56- promote to take both joint and separate action.

UN Charter based Human rights was the first step by UDHR for widening the scope of
human rights. Most governments did recognize but insisted that the provisions were not
legally binding.

Obligation of council members

- Highest standard of promotion and protection
- Cooperate with council
- Reviewed under council’s review mechanism during the membership

For committing gross and systematic violation may be suspended by GA by 2/3 rd majority

UPR- Universal Periodic review- mechanism to promote and protect human rights in the
darkest corners of the world

Date 15.02.2023

Treaty Based bodies- State Reporting

- Should report regularly the implementation of respective treaties
Every committee take out general comments that tells us about the consultative and
transparent process, whther any substantive provisions.
Inquiries could be commenced subject to the competence of the relevant committee. The
procedure is confidential and cooperation required throughout.
Role of Office of UN High Commissioner for human rights- is basically from perspective of
standard setting, this office consolidates record throughout the nation
General Assembly- recommendation, resolution given to state on international issues
Security Council- passing of resolutions containing basics.
Secretary General- (Chief Administrative officer)- Coordinates, presides with security council
ICJ- Dispute Settlement, Advisory Opinions.
Consultation as to provide aid and assistace
Fidel Castro, human rights violation, extra judcicial killing,

Spread of democracy, critiqued Amnesty Laws of Argentina and Uruguay

State cannot be forced to exercise jurisdictions .

Cyprus case, Lawless vs island.

Margin of appreciation- leeway to make decision

10.02.2023

Source of HRL
- international Human rights law-a specialized regime under international law
Art.38(1) of ICJ Statute
Article 38(1) provide various sources of international law as in international convention,
treaties, international custom, general principles of law, judicial decisions provided by the
ICJ or ICC as an example
General practice- policies, news

Observation of Article 38(1)

- Predominantly State centric - the epicenter to the activities falls to the state,
- codification happened in 1920
Inclination to couch arguments of human rights under formal sources for greater weight

Formal Sources
-Treaties, convention, protocols, covenant, pacts, agreements, charter
-no legal difference amongst various sources
-principal treaties- UN Charter, {UDHR, ICCPR, ICESR- International Bill of Rights}
-Dayton Peace Accord- between bosnia & herzegovina

Date 22.02.2022

Treaties are sources

Countries ratify the convention and if they are not followed, remedy is warning, penalty etc.

- Respect Human Rights

- Protect Human Rights
- Fulfill human Rights

Manifestation of Human Rights

- Reservations
Art. 2(d) of Vienna Convention on Law of Treaties  Limited state obligation to treaty
General Political statement or declaration of interpretation.
Also in Article 19 of Vienna Convention on Law of Treaties
US Reservation to Article 4 CERD
Article 15 & 18 CRPD
Article 3 & 23 ICCPR

Date 23.02.2023

State parties- special character human rights obligation

Genocide- people getting killed in whole or part for “Race”
Common interest
Legislative
Issue that are common interest apart from right to life?- free speech, right to equality
Margin of appreciation- legal doctrine with wide scope in international human rights law.

Limitation and derogation

- In language of ICCPR
- interpretation by state parties and human rights committee

Art.4(1)- that in situation of public emergency, measures taken by state derogating their
obligation from the covenant. Temporarily,

-Right to reputation or right to others

-Public Order- Determination riot, chaos
-Public Health- pandemic
-Public morals- public meals

Invoking article 4 under 2 conditions  emergency situation threatening the nation’s life
 emergency must be officially proclaimed by state

Article 4(2): several articles can not be derogated  Art. 6,7,8(1)&(2), 11,15,16 and 18

Brodie’s Law, amended 1958 law regarding crimes act.

Date-01.03.23
Scope of application of international human rights law
-State responsibility
-Jurisdiction

State - Human Rights act-Respect, Protect, Fulfill

- Human Rights Violation/Omission
There might be an unideal situation where the state parties a responsible for violation or
omission.

Who has the responsibility of Human Rights? State parties

Who should have the human rights?  Non Nationals

 Artificial Entities [Company, Organization]
 The Unborn(queenen vs Canada)

Artificial Entities  Organizations, Corporation, Associations, etc  Art 1 ICCPR & Art. 1
ICESCR  Art. 22 & 27 ICCPR  Singer vs Canada.

State Responsibility  Responsible for acts of Private actor

Prescriptive whether jurisdiction of state is applicable.

Adjudicatory 
Functional 

Aircraft consisting of 2 person from Italy was flying to India. The aircraft was registered in
UK. A stabbed B in the aircraft when they were in Turkish Sky. Which country will have the
Jurisdiction?
Italy will have the Jurisdiction
*Behrami and Behrami v. France.

Article 1 CIDT- Convention against torture and other Cruel, Inhuman or Degrading
Treatment or Punishment
- Physical Harm or Mental Harm
- Severe Pain or suffering
- Intent
- Purpose- confession/Information
Punishing
Intimidating
Discrimination