Professional Documents
Culture Documents
economic,
social,
and
cultural
rights,
have
been
part
of
the
philosophical
and
political
ambiguity
of
human
rights
since
the
beginning
of
the
modern
era.
Human
rights
theory
also
distinguishes
between
natural
law
and
positive
law
foundations.
The
former
refers
to
rights
deriving
from
the
natural
order
or
divine
origin,
which
are
inalienable,
innate,
immutable,
and
absolute,
whereas
in
positive
law
rights
are
recognized
through
a
political
and
legal
process
that
results
in
a
declaration,
law,
treaty,
or
other
normative
instrument,
which
may
vary
over
time
and
be
subject
to
derogations
or
limitations
designed
to
optimize
respect
for
human
rights
rather
than
impose
an
absolute
standard.
Thus
human
rights
emerge
from
claims
of
people
suffering
injustice
and
are
based
on
moral
sentiment,
culturally
determined
by
contextualized
moral
and
religious
belief
systems.
Sources
If
by
“source”
we
mean
where
one
looks
to
find
authoritative
formulations
of
ethical
norms,
in
bioethics
this
tends
to
be
published
opinions
of
leading
academic
philosophers,
guidelines
and
decisions
of
institutional
review
boards,
and
deliberations
or
professional
codes
developed
by
health
and
medical
associations.
The
source
of
human
rights
norms
is
typically
a
bill
of
rights
in
a
national
constitution,
a
treaty
or
declaration
adopted
by
an
international
organization,
or
interpretative
documents
relating
to
these
sources.
Thus
they
emerge
when
an
authoritative
deliberative
body
(i.e.,
one
invested
with
law-‐making
powers)
proclaims
them,
and
they
attain
universality
to
the
extent
that
they
become
common
across
national
laws
and
widely
ratified
international
treaties,
binding
virtually
every
nation.
The
International
Bill
of
Human
Rights
(consisting
of
the
Universal
Declaration
of
Human
Rights
[UDHR]
of
1948
and
the
International
Covenant
on
Civil
and
Political
Rights
[ICCPR]
and
the
International
Covenant
on
Economic,
Social
and
Cultural
Rights
[ICESCR],
both
of
1966),
along
with
the
other
human
rights
treaties
of
the
United
Nations
(UN)
and
of
regional
organizations,
constitute
the
primary
sources
and
reference
points
for
recognized
human
rights.
Occasionally
human
rights
and
bioethics
share
a
common
source,
as
when
an
instrument
of
international
law
directly
addresses
an
issue
of
bioethics
and
human
rights
(e.g.,
provisions
on
informed
consent
to
human
experimentation
in
the
ICCPR,
echoing
the
Nuremberg
Code,
or
the
Universal
Declaration
on
Bioethics
and
Human
Rights,
adopted
by
the
United
Nations
Educational,
Scientific
and
Cultural
Organization
[UNESCO]
in
2005).
Some
have
argued
that
human
rights
offer
an
internationally
accepted
moral
and
legal
framework,
to
which
bioethics
should
increasingly
refer
(Annas
2005).
Legal
Nature
Bioethics
standards
tend
to
rely
on
their
persuasive
value,
although
they
can
have
legal
significance,
such
as
the
denial
of
approval
or
requirement
for
modification
of
a
research
protocol,
the
binding
obligations
of
a
treaty
(e.g.,
the
European
Convention
on
Human
Rights
and
Biomedicine),
and
tort
or
civil
liability
for
failure
to
comply
with
standards
of
care.
The
legal
nature
of
human
rights
norms
ranges
from
aspirational
claims
(such
as
the
UDHR)
to
justiciable
and
enforceable
legally
binding
obligations
(such
as
human
rights
treaties).
Treaty
obligations
are
typical
of
human
rights
but
highly
exceptional
in
bioethics.
An
important
distinction
may
also
be
made
between
“rights”
and
“human
rights.”
In
ethics
and
moral
philosophy
a
right
refers
to
any
entitlement,
the
moral
validity
or
legitimacy
of
which
depends
on
the
mode
of
moral
reasoning
the
ethicist
is
using.
In
law,
a
right
is
any
legally
protected
interest.
In
human
rights
discourse,
a
human
right
is
a
higher-‐order
right
authoritatively
defined
as
a
“human
right”
(or
its
equivalent)
with
the
expectation
that
it
carries
a
peremptory
character
and
thus
prevails
over
other
(ordinary)
rights.
There
is
some
disagreement
regarding
the
need
for
law.
Amartya
Sen,
for
example,
considers
human
rights
as
“primarily
ethical
demands,”
although,
in
his
view,
they
“can,
and
often
do,
inspire
legislation,
[but]
this
is
a
further
fact,
rather
than
a
constitutive
characteristic
of
human
rights”
(Sen
2004,
319–320).
Methods
of
Monitoring
Compliance
The
methods
of
monitoring
compliance
with
codes
of
bioethics
and
official
pronouncements
of
professional
bodies
include
scrutiny
of
proposals
and
evaluation
of
results
that
may
affect
research
design
or
policies
and
allocation
of
resources
affecting
the
health
of
populations.
The
methods
used
in
human
rights
include
moral
judgments
made
in
the
context
of
advocacy,
investigation
and
fact-‐finding
leading
to
official
pronouncements
of
political
bodies,
and
enforceable
judicial
decisions.
The
salient
features
of
human
rights
become
clearer
in
the
sections
below
on
the
emergence
of
human
rights
in
political
and
legal
discourse,
the
normative
content
of
human
rights,
and
the
means
of
promotion
and
protection
of
human
rights.
Emergence of Human Rights
The
early
formulation
of
the
norms
that
are
characterized
today
as
human
rights
is
inseparable
from
our
understanding
of
human
nature
and
human
striving
for
justice.
Ultimately,
human
rights
derive
from
basic
human
instincts
of
survival
of
the
species
and
behavior
of
empathy
and
altruism
that
evolutionary
biology
is
only
beginning
to
address.
Because
human
evolution
is
driven
by
reproductive
selfishness,
one
could
wonder
why
the
human
species
would
develop
any
ethical
system,
like
that
of
human
rights,
according
to
which
individuals
manifest
feelings
for
the
suffering
of
others
(empathy)
and—even
more
surprisingly—act
in
self-‐sacrificing
ways
for
the
benefit
of
others
without
achieving
any
apparent
reproductive
advantage
(altruism).
E.
O.
Wilson
explains
altruism
and
moral
behaviour
in
this
way:
“Human
beings
are
prone
to
be
moral—do
the
right
thing,
hold
back,
give
aid
to
others,
sometimes
even
at
personal
risk—because
natural
selection
has
favored
those
interactions
of
groups
members
benefitting
the
group
as
a
whole”
(Wilson
2012,
247).
Religion
and
law
have
an
ambiguous
role
in
this
historical
process.
The
history
of
religions
is
replete
with
advances
in
the
moral
principles
of
behavior—many
of
which
directly
influenced
the
drafting
of
human
rights
texts—but
also
in
crimes
committed
in
the
name
of
a
Supreme
Being.
Similarly,
the
emergence
of
the
rule
of
law
has
been
critical
both
to
advancing
justice
and
human
rights
against
the
arbitrary
usurpation
of
power
and
to
preserving
the
impunity
of
oppressors.
Scholars
trace
the
current
configuration
of
international
human
rights
norms
and
procedures
to
the
revolutions
of
freedom
and
equality
that
transformed
governments
across
Europe
and
North
America
in
the
eighteenth
century
and
that
liberated
subjugated
people
from
slavery
and
colonial
domination
in
the
nineteenth
and
twentieth
centuries.
Enlightenment
philosophers
derived
the
centrality
of
the
individual
from
their
theories
of
the
state
of
nature.
Social
contractarians,
especially
the
eighteenth-‐century
philosopher
Jean-‐Jacques
Rousseau,
predicated
the
authority
of
the
state
on
its
capacity
to
achieve
the
optimum
enjoyment
of
natural
rights,
that
is,
of
rights
inherent
in
each
individual
irrespective
of
birth
or
status.
Rousseau
wrote
in
A
Discourse
on
the
Origin
of
Inequality
(1762)
that
“it
is
plainly
contrary
to
the
law
of
nature
…
that
the
privileged
few
should
gorge
themselves
with
superfluities,
while
the
starving
multitude
are
in
want
of
the
bare
necessities
of
life”
(117).
Equally
important
was
the
concept
of
the
universalized
individual
(“the
rights
of
Man”),
reflected
in
the
political
thinking
of
Immanuel
Kant,
John
Locke,
Thomas
Paine,
and
the
authors
of
the
American
and
French
declarations
of
1776
and
1789,
respectively.
Much
of
this
natural
law
tradition
is
secularized
in
contemporary
human
rights.
World
War
II
was
the
defining
event
for
the
internationalization
of
human
rights,
anticipated
by
Roosevelt’s
“Four
Freedoms”
speech
(1941),
confirmed
by
the
inclusion
of
human
rights
in
the
UN
Charter
(1945),
and
applied
through
bedrock
human
rights
texts
adopted
in
the
aftermath
of
the
war
(the
Genocide
Convention
and
the
UDHR
in
1948
and
the
Geneva
Conventions
in
1949,
followed
in
1966
by
the
two
international
covenants)
and
greatly
expanded
by
numerous
UN
and
regional
human
rights
treaties.
Nongovernmental
organizations
(NGOs)
played
a
role
in
all
these
developments
and
in
subsequent
drafting
of
treaties,
as
well
as
in
the
creation
of
investigative
and
accountability
procedures
at
the
intergovernmental
level
and
at
the
national
level.
These
processes
were
instrumental
in
bringing
down
South
African
apartheid,
transforming
east-‐central
Europe,
restoring
democracy
in
Latin
America,
and
promoting
the
Arab
Spring.
Human
rights
NGOs
are
now
active
on
all
continents
(Korey
1998;
Neier
2012).
This
emergence
of
global
human
rights
was
contemporary
with
that
of
bioethics
in
the
immediate
aftermath
of
World
War
II,
as
exemplified
by
the
trial
of
Nazi
doctors,
leading
to
the
Nuremberg
Code
(1946).
Annas
(2009,
135)
argues
that
American
bioethics—and
one
can
generalize
to
bioethics
more
broadly—was
born
from
this
trial
but
was
“separated
at
birth”
from
international
human
rights
and
that
it
is
“time
to
reunite
the
estranged
twins
who
can
work
much
more
effectively
together
in
the
global
health
arena
than
they
can
separately.”
Even
those
who
criticize
Annas’s
application
of
this
agenda
to
genetic
technology
acknowledge
that
“bioethicists
should
begin
to
incorporate
an
appreciation
of
human
rights
perspective
and
methods
into
their
work”
(Fenton
and
Arras
2009,
132).
The Normative Content of Human Rights
The
current
catalogue
of
human
rights
begins
with
those
enumerated
in
the
international
bill
of
human
rights.
They
have
been
expanded
by
a
score
of
specialized
UN
treaties,
a
half-‐dozen
regional
human
rights
treaties,
and
hundreds
of
international
normative
instruments
in
the
fields
of
labor,
refugees,
armed
conflict,
and
international
criminal
law.
The
core
human
rights
of
the
international
bill
of
human
rights
are
summarized
in
Table
1.
TABLE
1
religious
belief
Group
Rights
9. Freedom
of
expression
1. Self-‐determination
10. Right
to
privacy
2. Permanent
sovereignty
over
natural
resources
11. Nonimprisonment
for
debt
3. Right
to
enjoy
one’s
culture
12. Fair
trial
(subdivided
into
16
enumerated
rights)
4. Right
to
practice
one’s
religion
13. Right
to
personhood
under
the
law
5. Right
to
speak
one’s
language
14. Equality
before
the
law
Civil
and
Political
Rights
(CPR)
15. Freedom
of
assembly
1. Right
to
life
16. Freedom
of
association
2. Freedom
from
torture
17. Right
to
marry
and
found
a
family
3. Freedom
from
slavery
18. Rights
of
children
4. Freedom
from
arbitrary
arrest/detention
19. Right
to
practice
a
religion
5. Right
to
humane
treatment
in
detention
20. Prohibition
of
war
propaganda
and
hate
speech
constituting
incitement
6. Freedom
of
movement
and
residence
21. Right
to
hold
office
7. Prohibition
of
expulsion
of
aliens
22. Right
to
vote
in
free
elections
8. Freedom
of
thought,
conscience,
and
©
Harvard
University
2013
Marks
Human
Rights
5
23. Right
to
be
elected
to
office
7. Adequate
standard
of
living
(including
food,
clothing,
and
housing)
24. Equal
access
to
public
service
8. Right
to
the
highest
attainable
standard
Economic,
Social,
and
Cultural
Rights
of
physical
and
mental
health
(ESCR)
9. Right
to
education
toward
the
full
1. Right
to
gain
a
living
by
work
freely
development
of
human
personality
chosen
and
accepted
10. Free
and
compulsory
primary
2. Right
to
just
and
favorable
work
education
conditions
11. Availability
of
other
levels
of
education
3. Right
to
form
and
join
trade
unions
12. Participation
in
cultural
life
4. Right
to
strike
13. Protection
of
moral
and
material
rights
5. Social
security
of
creators
and
transmitters
of
culture
6. Assistance
to
the
family,
mothers,
and
14. Right
to
enjoy
the
benefits
of
scientific
children
progress
For
bioethicists,
the
most
salient
of
these
rights
is
the
right
to
health,
which
is
enunciated
in
Article
25
of
the
UDHR
(“Everyone
has
the
right
to
a
standard
of
living
adequate
for
the
health
of
himself
and
of
his
family,
including
food,
clothing,
housing
and
medical
care
and
necessary
social
services”)
and
in
Article
12
of
the
ICESCR
(“the
right
of
everyone
to
the
enjoyment
of
the
highest
attainable
standard
of
physical
and
mental
health”).
Variations
on
these
definitions
are
found
in
most
of
the
core
UN
and
regional
human
rights
treaties.
In
2000,
the
Committee
on
Economic,
Social
and
Cultural
Rights
(CESCR),
which
was
created
to
monitor
the
ICESCR,
analyzed
the
normative
content
of
the
right
to
health
in
terms
of
availability,
accessibility,
appropriateness,
and
quality
of
care
and
specified
the
duties
of
the
state
to
respect,
protect,
and
provide
this
right.
The
committee
also
listed
fourteen
human
rights
as
“integral
components
of
the
right
to
health.”
These
related
rights
define
to
a
large
extent
the
determinants
of
health
(United
Nations
2000;
Zuniga,
Marks,
and
Gostin
2013).
The
summary
below
seeks
to
underscore
the
function
of
human
rights
as
determinants
of
health
by
highlighting
their
normative
content
and
their
relation
to
health.
Health-Related Human Rights
Health
is
profoundly
related
to
human
rights
both
because
human
rights
violations
have
health
impacts—such
as
sequelae
of
torture
survivors—and
because
human
rights
concern
the
dignity,
integrity,
autonomy
of
action,
and
conditions
of
social
functioning
of
people.
Some
examples
will
be
provided
in
each
of
these
areas.
Foremost
among
the
human
rights
relating
to
physical
and
mental
integrity
is
the
right
not
to
be
arbitrarily
deprived
of
life.
As
defined
in
the
ICCPR,
this
right
does
not
rule
out
death
resulting
from
lawful
acts
of
warfare
or
capital
punishment,
although
international
humanitarian
law
limits
the
former,
and
newer
protocols
and
regional
conventions,
supported
by
UN
resolutions
and
social
movements,
define
the
latter
as
a
violation
of
human
rights.
Special
treaties
and
procedures
exist
for
prevention
and
repression
of
torture,
disappearances,
summary
and
extrajudicial
executions,
crimes
against
humanity,
genocide,
slavery,
racial
discrimination,
and
various
forms
of
terrorism.
Most
of
these
are
also
dealt
with
in
international
humanitarian
law,
which
was
established
to
protect
victims
of
armed
conflict
(sick,
wounded,
detained,
or
otherwise
disabled
combatants
who
are
“hors
de
combat”;
prisoners
of
war;
and
civilian
populations,
notably
under
occupation)
and
codified
in
the
four
Geneva
Conventions
of
1949
and
the
Additional
Protocols
of
1977.
The
right
to
“a
standard
of
living
adequate
for
the
health
and
well-‐being”
of
oneself
and
one’s
family
was
defined
in
the
UDHR
as
including
“food,
clothing,
housing
and
medical
care
and
necessary
social
services”
as
well
as
“the
right
to
security
in
the
event
of
unemployment,
sickness,
disability,
widowhood,
old
age
or
other
lack
of
livelihood
in
circumstances
beyond
[one’s]
control.”
Subsequently,
the
rights
to
health,
work,
safe
and
healthy
working
conditions
(occupational
health),
adequate
food
and
protection
from
malnutrition
and
famine,
adequate
housing,
and
social
security
(i.e.,
a
regime
covering
long-‐term
disability,
old
age,
unemployment,
and
other
conditions)
have
been
further
elaborated
by
the
International
Labour
Organisation,
the
UN
Commission
on
Human
Rights,
the
Human
Rights
Council,
and
the
work
of
UN
special
rapporteurs
and
treaty
bodies.
Dignity
tends
to
be
mentioned
as
both
the
basis
for
all
human
rights
and
a
human
right
per
se.
The
great
civil
liberties—freedom
of
oral
and
written
expression,
conscience,
opinion,
religion,
or
belief—as
well
as
freedom
from
arbitrary
detention
or
arrest,
rights
to
a
fair
hearing
and
an
effective
remedy
for
violations
of
human
rights,
and
protection
of
privacy
in
domicile
and
correspondence,
all
support
the
autonomy
of
individuals
to
act
without
interference
from
the
state
or
others.
Equality
and
nondiscrimination
are
human
rights
that
are
at
the
same
time
cross-‐
cutting
principles
for
the
application
of
all
other
human
rights
because
they
require
that
all
persons
be
treated
equally
in
the
enjoyment
of
their
human
rights
and
that
measures
be
taken
to
remove
discriminatory
practices
on
prohibited
grounds.
Freedom
of
movement
means
the
right
to
reside
where
one
pleases
and
to
leave
any
country,
including
one’s
own,
and
to
return
to
one’s
country.
This
right,
like
many
others,
is
not
absolute;
limitations
may
be
imposed—for
example,
in
times
of
epidemics—as
long
as
certain
safeguards,
defined
in
human
rights
law,
are
observed.
The
right
to
seek
and
enjoy
asylum
from
persecution
is
also
a
human
right,
which
has
been
developed
and
expanded
by
international
refugee
law,
the
practice
of
the
UN
High
Commissioner
for
Refugees,
and
recent
codes
relating
to
internally
displaced
persons.
Social
well-‐being
depends
in
large
measure
on
group
identity,
education,
family,
culture,
political
and
cultural
participation,
gender
and
reproductive
rights,
scientific
activity,
the
environment,
and
development,
all
of
which
are
the
subject
of
specific
human
rights.
The
basic
human
rights
texts
affirm
a
limited
number
of
group
rights,
notably
the
rights
of
peoples
to
self-‐determination,
that
is,
in
the
terms
of
the
ICCPR
and
the
ICESCR,
to
“determine
their
political
status
and
freely
pursue
their
economic,
social
and
cultural
development”
and
to
permanent
sovereignty
over
natural
resources.
They
also
enumerate
the
rights
of
persons
belonging
to
minorities
to
practice
their
religion,
enjoy
their
culture,
and
use
their
language.
Indigenous
peoples
have
defined
rights
that
take
into
account
their
culture
and
special
relation
to
the
land.
The
right
to
education
is
defined
in
the
ICESCR
and
by
the
CESCR,
as
well
as
specialized
instruments
of
UNESCO.
Other
rights
of
the
child
have
been
codified
in
the
1989
Convention
on
the
Rights
of
the
Child.
Political
rights
include
the
right
to
run
for
office
and
to
vote
in
genuine
and
periodic
elections.
Cultural
rights
refer
primarily
to
the
right
to
participate
in
the
cultural
life
of
the
community;
the
protection
of
writers,
artists,
and
performers;
and
the
preservation
of
cultural
heritage.
Women’s
rights
were
reaffirmed
and
expanded
by
a
specialized
Convention
on
the
Elimination
of
All
Forms
of
Discrimination
against
Women
(CEDAW)
of
1979.
Considerable
advances
in
mainstreaming
women’s
rights
as
human
rights
were
made
at
international
conferences,
a
1993
Declaration
on
Violence
against
Women,
the
work
of
a
special
rapporteur
on
this
problem,
and
statements
and
programs
on
traditional
practices
harmful
to
health,
such
as
female
genital
mutilation.
Reproductive
and
sexual
rights
include
the
right
of
“men
and
women
…
to
decide
freely
and
responsibly
on
the
number
and
spacing
of
their
children”
(CEDAW,
Article
16)
and
“to
be
informed
and
to
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Harvard
University
2013
Marks
Human
Rights
7
have
access
to
safe,
effective,
affordable
and
acceptable
methods
of
family
planning
of
their
choice”
(United
Nations
1994).
Various
internationally
approved
programs
and
plans
of
action
have
set
out
in
considerable
detail
the
specific
ways
in
which
this
right
can
be
realized.
Rights
of
sexual
minorities,
which
are
not
mentioned
in
the
major
human
rights
treaties,
have
been
resisted
by
many
countries
for
religious
and
ideological
reasons,
although
they
have
ben
articulated
in
a
2007
nongovernmental
initiative
called
the
“Yogyakarta
Principles
on
the
Application
of
International
Human
Rights
Law
in
relation
to
Sexual
Orientation
and
Gender
Identity”
and
they
have
been
supported
by
the
UN
Secretary-‐General
and
High
Commissioner
for
Human
Rights,
as
well
as
the
major
treaty
bodies.
Bioethical
concerns
overlap
with
human
rights
with
respect
to
the
right
to
enjoy
the
benefits
of
scientific
progress
and
rights
in
scientific
research.
The
former
refers
to
the
positive
and
equitable
use
of
scientific
advances,
while
the
latter
protect
freedom
to
conduct
research
and
disseminate
results
and
the
requirement
of
informed
consent
of
human
subjects.
Occasionally,
scholars
refer
to
solidarity
or
third-‐generation
rights
(first
and
second
generations
being,
respectively,
civil
and
political
rights
and
economic,
social,
and
cultural
rights)
to
certain
global
values
such
as
peace,
a
healthy
environment,
development,
communication,
and
humanitarian
intervention
or
assistance.
Two
rights
in
this
category
have
become
more
systematically
developed
and
enshrined
in
authoritative
texts:
the
rights
to
a
healthy
environment
and
to
development.
The
former
has
been
recognized
in
many
national
constitutions
and
in
the
regional
human
rights
texts.
The
latter
has
been
recognized
in
numerous
UN
resolutions
and
specifically
in
a
1986
declaration,
as
well
as
in
the
African
Charter
on
Human
and
Peoples’
Rights
and
the
Arab
Charter
on
Human
Rights.
The
1986
Declaration
on
the
Right
to
Development
defines
the
right
to
development
as
“an
inalienable
human
right
by
virtue
of
which
every
human
person
and
all
peoples
are
entitled
to
participate
in,
contribute
to,
and
enjoy
economic,
social,
cultural
and
political
development,
in
which
all
human
rights
and
fundamental
freedoms
can
be
fully
realized.”
Finally,
Article
28
of
the
UDHR
proclaims
the
right
of
everyone
to
“a
social
and
international
order
in
which
the
rights
and
freedoms
set
forth
in
this
Declaration
can
be
fully
realized.”
This
right
is
perhaps
the
broadest
provision
insofar
as
it
seeks
to
define
human
rights
as
a
criterion
for
the
legitimacy
of
national
policies
and
international
relations.
The
required
social
order
suggests
a
democratic
constitutional
regime
in
which
human
rights
of
all
categories
are
recognized
in
law
and
effectively
observed
in
practice.
It
also
suggests
that
international
relations
provide
support
for
global
efforts
to
further
human
rights
and
to
establish
means
of
accountability
for
persons
and
groups
to
obtain
redress
from
countries
that
fail
to
fulfill
their
human
rights
obligations.
The
Enforcement
and
Implementation
of
Human
Rights
The
term
enforcement
refers
to
coerced
compliance,
whereas
implementation
refers
to
supervision,
monitoring,
and
the
general
effort
to
hold
duty-‐holders
accountable.
Implementation
is
further
subdivided
into
promotion—preventive
measures
to
ensure
respect
for
human
rights
in
the
future—
and
protection—responses
to
violations
that
have
occurred
in
the
past.
The
means
and
methods
of
implementation
may
be
summarized
in
three
forms
of
promotion
and
five
forms
of
protection.
Promotion
of
human
rights
is
achieved
through
developing
awareness,
standard-‐
setting
and
interpretation,
and
creating
national
institutions.
Awareness
of
human
rights
is
a
precondition
to
acting
on
them
and
is
advanced
though
dissemination
of
knowledge
and
human
rights
education
at
all
levels,
for
which
the
UN
proclaimed
a
decade
of
action
for
the
period
from
1995
to
2004.
Standard-‐setting
means
the
drafting
of
human
rights
texts,
for
which
the
UN
Commission
on
Human
Rights,
established
in
1946,
and
the
©
Harvard
University
2013
Marks
Human
Rights
8
Human
Rights
Council,
its
successor
since
2006,
have
played
a
central
role,
along
with
other
UN
and
regional
organizations.
These
norms
are
interpreted
by
various
international
courts
and
treaty-‐monitoring
bodies.
The
third
preventive
or
promotional
means
of
implementation
is
national
institution-‐building,
which
includes
improvements
in
the
judiciary
and
law
enforcement
institutions
and
the
creation
of
specialized
bodies
such
as
national
commissions
for
human
rights
and
offices
of
an
ombudsman.
The
protection
of
human
rights
involves
a
complex
web
of
national
and
international
mechanisms
to
monitor,
judge,
denounce,
and
coerce
states,
as
well
as
to
provide
relief
to
victims.
Monitoring
compliance
is
carried
out
through
the
reporting
and
complaints
procedures
of
the
UN
treaty
bodies
and
regional
human
rights
commissions
and
courts.
“Special
procedures,”
consisting
of
working
groups
and
special
rapporteurs,
study
countries
or
issues,
taking
on
cases
of
alleged
violations,
reporting
back
on
their
findings,
and
requesting
redress
from
governments.
Among
the
thematic
rapporteurs,
one
is
specifically
mandated
to
study
the
right
to
health,
and
others
deal
with
a
variety
of
health-‐related
issues.
The
second
means
of
protection
is
adjudication
of
cases
by
fully
empowered
human
rights
courts,
the
main
ones
being
the
European
Court
of
Human
Rights
of
the
Council
of
Europe,
the
American
Court
of
Human
Rights
of
the
Organization
of
American
States
(OAS),
and
the
African
Union’s
African
Court
of
Human
and
Peoples’
Rights.
Political
supervision,
the
third
means
of
protection,
refers
to
resolutions
judging
the
policies
and
practices
of
states
adopted
by
the
Human
Rights
Council,
the
UN
General
Assembly,
the
Committee
of
Ministers
of
the
Council
of
Europe,
the
Assembly
of
OAS,
and
other
political
bodies
that
denounce
governments
for
violations
of
human
rights
and
demand
that
they
redress
the
situation
or
provide
compensation
to
the
victims.
A
fourth
means
of
protection
is
humanitarian
relief
or
assistance,
which
involves
provision
of
food,
blankets,
tents,
medical
and
sanitary
assistance,
and
other
forms
of
aid
to
save
lives
and
improve
the
health
of
persons
forcibly
displaced,
often
as
a
result
of
large-‐scale
human
rights
violations
or
natural
disasters.
Refugees
and
internally
displaced
persons
come
under
the
protection
of
the
UN
High
Commissioner
for
Refugees
(UNHCR),
who
deploys
massive
amounts
of
aid,
along
with
the
International
Committee
of
the
Red
Cross,
UNICEF,
the
World
Food
Program
(WFP),
the
United
Nations
Development
Programme
(UNDP),
the
UN
Office
for
the
Coordination
of
Humanitarian
Affairs,
and
other
agencies,
as
well
as
major
NGOs
such
as
Oxfam
International,
CARE,
and
the
International
Rescue
Committee.
The
final
means
of
responding
to
human
rights
violations
is
the
use
of
coercion,
which
is
available
only
to
the
UN
Security
Council
acting
under
Chapter
VII
of
the
UN
Charter
to
impose
sanctions,
cut
off
communications,
create
ad
hoc
criminal
tribunals,
and
authorize
the
use
of
force
by
member
states
or
the
deployment
of
UN
troops
to
put
an
end
to
a
threat
to
international
peace
and
security,
which
it
has
on
occasion
interpreted
to
include
human
rights
violations
(e.g.,
during
conflicts
in
Haiti,
Somalia,
Bosnia,
Iraq,
and
Libya).
This
forceful
means
of
protecting
human
rights
is
complex
and
dangerous
and
can
have
harmful
health
consequences,
as
has
been
the
case
with
sanctions
imposed
on
Haiti
and
Iraq.
If
used
properly
it
can
be
a
modern
and
legitimate
form
of
the
nineteenth-‐century
doctrine
of
humanitarian
intervention,
according
to
which
states
used
armed
force
to
halt
atrocities
committed
in
another
state
while
respecting
the
principles
of
necessity,
proportionality,
disinterestedness,
and
collegiality.
The
North
Atlantic
Treaty
Organization
(NATO)
sought
to
employ
such
a
doctrine
in
Kosovo
in
1999
but,
without
the
necessary
authorization
from
the
Security
Council,
engaged
in
what
most
scholars
consider
a
legitimate
but
illegal
use
of
force.
Each
case
of
action
(e.g.,
no-‐fly
zones
over
Iraq
imposed
in
1991)
or
inaction
(e.g.,
Rwanda
in
1994)
regarding
the
use
of
armed
force
for
human
rights
purposes
has
complex
ethical
and
©
Harvard
University
2013
Marks
Human
Rights
9
legal
difficulties.
A
2005
UN
Summit
endorsed
the
“responsibility
to
protect,”
a
doctrine
that
reaffirms
the
international
community’s
role
to
prevent
and
stop
genocides,
war
crimes,
ethnic
cleansing,
and
crimes
against
humanity
when
the
national
government
fails
to
do
so.
Whether
under
the
responsibility
to
protect
or
not,
the
legitimacy
and
legality
of
Security
Council–authorized
force
in
response
to
a
human
rights
crisis
is
now
well
established,
although
the
decision
to
act
is
fraught
with
political
tension,
sometimes
preventing
action,
as
with
efforts
to
protect
the
Syrian
population
in
2012.
These
means
and
methods
of
implementation
are
summarized
in
Table
2.
Table
2
A. Promotion
B. Protection
Conclusion
Every
country
in
the
world
has
accepted
the
human
rights
enunciated
in
the
UDHR
and
in
UN
and
regional
treaties
that
they
have
ratified
and
incorporated
into
their
national
legal
systems.
The
normative
content
of
human
rights
is
probably
the
most
complete
catalogue
of
the
components
of
freedom
and
social
justice
and
thus
of
the
physical,
mental,
and
social
determinants
of
health.
The
underlying
ethical
principles
of
human
rights
overlap
with
those
of
bioethics.
The
methods
of
implementation
or
realization,
©
Harvard
University
2013
Marks
Human
Rights
10
which
complement
those
used
by
bioethics,
range
from
dissemination
and
promotion
of
ideas
to
enforcement
of
binding
obligations
and
their
effectiveness
varies
widely.
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