INTERNATIONAL DECLARATION

OF COVENANTS GOVERNING UNIT 2

HUMAN RIGHTS

LEARNING OUTCOMES:
At the end of the unit, the students should be able to:
a. Identify the different universal declaration of human rights;
b. Classify the international Human Rights Instruments and their monitoring
bodies;
c. How understanding on the UN toolkits and rules for the treatment of prisoners.

A. THE UNIVERSAL DECLARATION OF HUMAN RIGHTS (UDHR)

The Universal Declaration of Human Rights (1948) was the first legal document
protecting universal human rights. It is generally agreed to be the foundation of
international human rights law.

On October 24, 1945, in the aftermath of World War II, the UN came into being as an
intergovernmental organization, with the purpose of saving future generations from the
devastation of international conflict.

Structure and Content

The underlying structure of the Universal Declaration was influenced by the Code of
Napoleon, including a preamble and introductory general principles. Its final structure
took form in the second draft prepared by French jurist Rene Cassin, who worked
on the initial draft prepared by Canadian legal scholar John Peters Humphrey.

The Declaration consists of the following:

• The preamble sets out the historical and social causes that led to
the necessity of drafting Declaration.
• Articles 1-2 establish the basic concepts of dignity, liberty and equality.
• Articles 3-5 establish other individual rights, such as the right to life and the
prohibition of slavery and torture.
• Articles 6-11 refers to the fundamental legality of human rights with specific
remedies cited for their difference when violated.
• Articles 12-17 set forth the rights of the individual towards the community,
including freedom of movement and residence within each state, the
right of property and the right to a nationality.
• Articles 18-21 sanction to the so-called “constitutional liberties” and
spiritual, public, and political freedoms, such as freedom of thought,
opinion, expression, religion and conscience, word, peaceful association of
the individual, and receiving and imparting information and ideas through
any media.
• Articles 22-27 sanction an individual’s economic, social and cultural rights,
including healthcare. It upholds an expansive right to an standard of
 living, provides for additional accommodations in case of physical debilitation
or disability, and makes special mention of care given to those in motherhood
or childhood.
• Articles 28-30 establish the general means of exercising these rights,
the areas in which the rights of the individual cannot be applied, the duty
of the individual to society, and the prohibition of the use of rights in
contravention of the purposes of the United Nations Organization.

B. UN MECHANISMS AND MONITORING/ENFORCING AGENCIES

International human rights law provides the foundation for the work of UN Human
Rights and the mechanisms it supports. This legal framework was born with the
adoption of the Universal Declaration of Human Rights (UDHR), the first document in
history to set out fundamental human rights. Together with two international
covenants, it now forms the International Bill of Human Rights. Since the UDHR
was adopted in 1948, it has inspired a series of legally binding international human
rights treaties, declarations and other instruments, all underpinning and guiding UN
Human Rights’ activities today.

There are two types of human rights monitoring mechanisms within the United
Nations system: treaty-based bodies and charter-based bodies. The ten human
rights Treaty Bodies, made up of committees of independent experts, monitor
implementation of the core international human rights treaties. The charter-based
bodies include the Human Rights Council, Special Procedures, the Universal Periodic
Review and Independent Investigations. UN Human Rights provides expertise and
support to all of the different mechanisms.

A. Treaty-Based Bodies

1. Committee on the Elimination of Racial Discrimination

The Committee on the Elimination of Racial Discrimination (CERD) is the body of
independent experts that monitors implementation of the Convention on the
Elimination of All Forms of Racial Discrimination by its States parties.

Racial discrimination remains a barrier to the full realization of human rights. Despite
progress in some areas, exclusions and restrictions based on race, colour, descent,
national or ethnic origin continue to cause conflict, suffering and loss of life. CERD
works to take action against the injustice of racial discrimination, and the dangers it
represents.

2. Committee on Economic, Social and Cultural Rights

The Committee on Economic, Social and Cultural Rights (CESCR) is the body of 18
independent experts that monitors implementation of the International Covenant on
Economic, Social and Cultural Rights by its State parties. The Covenant enshrines
economic, social and cultural rights such as the rights to adequate food, adequate
housing, education, health, social security, water and sanitation, and work.
The Committee seeks to develop a constructive dialogue with State parties, determine
whether the Covenant’s norms are being applied, and assess how the implementation
and enforcement of the Covenant could be improved so all people can enjoy these
rights in full.

3. Human Rights Committee

The Human Rights Committee is the body of independent experts that monitors
implementation of the International Covenant on Civil and Political Rights by its States
parties.

The Committee’s work promotes the enjoyment of civil and political rights, resulting in
numerous changes of law, policy and practice. As such, it has improved the lives of
individuals in all parts of the world. It continues to strive to ensure all the civil and
political rights guaranteed by the Covenant can be enjoyed in full and without
discrimination, by all people.

4. Committee on the Elimination of Discrimination Against Women

The Committee on the Elimination of Discrimination against Women (CEDAW) is the
body of independent experts that monitors implementation of the Convention on the
Elimination of All Forms of Discrimination against Women. The CEDAW Committee
consists of 23 experts on women’s rights from around the world.

The CEDAW treaty is a tool that helps women around the world to bring about change
in their daily life. In countries that have ratified the treaty, CEDAW has proved
invaluable in opposing the effects of discrimination, which include violence, poverty,
and lack of legal protections, along with the denial of inheritance, property rights, and
access to credit.

5. Committee Against Torture

The Committee against Torture (CAT) is the body of 10 independent experts that
monitors implementation of the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment by its States parties.

The Committee against Torture works to hold States accountable for human rights
violations, systematically investigating reports of torture in order to stop and prevent
this crime.

6. Committee on the Rights of Child

The Committee on the Rights of the Child (CRC) is the body of 18 independent experts
that monitors implementation of the Convention on the Rights of the Child by its States
parties. It also monitors implementation of the Optional Protocols to the Convention,
on involvement of children in armed conflict and on the sale of children, child
prostitution and child pornography.

7. Committee on Migrant Workers

The Committee on the Protection of the Rights of All Migrant Workers and Members
of their Families (CMW) is the body of independent experts that works to protect the
rights of the millions of migrant workers around the world.

Migrant workers and their families often experience marginalization, xenophobia, and
poor living and working conditions. In serious cases, they suffer exploitation,
expulsion, and risk to life. The Committee monitors how States are implementing the
Convention and protecting the human rights of migrants.

8. The Subcommittee on Prevention of Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment
The Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading
Treatment or Punishment (SPT) is a new kind of treaty body in the United Nations
human rights system. It has a preventive mandate focused on a proactive approach
to preventing torture and ill treatment.

States that ratify the Optional Protocol to the Convention Against Torture (OPCAT)
give the SPT the right to visit their places of detention and examine the treatment of
people held there.

The Protocol also obliges States to set up independent National Preventive

Mechanisms (NPMs) to examine the treatment of people in detention, make
recommendations to government authorities to strengthen protection against torture
and comment on existing or proposed legislation. The SPT assists and advises NPMs
in their work.

9. Committee on the rights of Persons with Disabilities

The Committee on the Rights of Persons with Disabilities (CRPD) is the body of
independent experts which monitors implementation of the Convention by the States
parties.

Worldwide, there are an estimated one billion people with disabilities. Through its
engagement and cooperation with States parties, the Committee promotes inclusion,
advocates for the human rights of all persons with disabilities, and provides
recommendations to support the implementation of the provisions enshrined in the
Convention.

10. Committee on Enforced Disappearances

The Committee on Enforced Disappearances (CED) is the body of independent
experts which monitors the implementation of the Convention for the Protection of all
Persons against Enforced Disappearance by the States parties.

The Committee and its Secretariat work daily to support victims, civil society
organizations, National Human Rights Institutions and States to search for and locate
disappeared persons, eradicate, punish and prevent this crime, and repair the damage
suffered by the victims.
 B. Charter-Based Bodies

1. Human Rights Council

The Human Rights Council is the highest level of the UN human rights machinery. It
is an inter-governmental body within the UN system made up of 47 States, and is
responsible for the promotion and protection of all human rights around the globe. It
has the ability to discuss all thematic human rights issues and situations that require
its attention throughout the year. It meets at the UN Office at Geneva.

2. Special Procedures
The Special Procedures of the Human Rights Council are independent human rights
experts who report and advise on country situations or thematic issues in all parts of
the world. They are not paid and are elected for three-year mandates.

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 of reported violations and concerns of a broader nature
by sending communications to States and others
➢ Contribute to the development of international human rights standards, and
➢ Engage in advocacy, raise public awareness, and provide advice for technical
cooperation.

3. Universal Periodic Review

The Universal Periodic Review (UPR) is a unique process which involves a review of
the human rights records of all UN Member States. The UPR is a State-driven process,
under the auspices of the Human Rights Council, which provides the opportunity for
each State to declare what actions they have taken to improve the human rights
situations in their countries and to fulfil their human rights obligations.

As one of the main features of the Council, the UPR is designed to ensure equal
treatment for every country when their human rights situations are assessed. The
ultimate aim of this mechanism is to improve the human rights situation in all countries
and address human rights violations wherever they occur. Currently, no other
universal mechanism of this kind exists.

4. Independent Investigations
UN-mandated commissions of inquiry, fact-finding missions and investigations
respond to situations of serious violations of international humanitarian law and
international human rights law. They promote accountability for these violations, and
counter impunity.
C. UN TOOLKITS ON ACCOUNTABILITY AND RESPONSIBILITY

United Nations
Is an intergovernmental organization aiming to maintain international peace and
security, develop friendly relations among nations, achieve international cooperation,
and be a center for harmonizing the actions of nations. It is the world’s largest, most
familiar, most representative, and most powerful international organization. The UN is
headquartered on international territory in New York City and has other main offices
in Geneva, Nairobi, Vienna and The Hague.

The main bodies of the United Nations are the General Assembly, the Security
Council, the Economic and Social Council, the Trusteeship Council, the International
Court of Justice, and the UN Secretariat. All were established under the UN Charter
when the Organization was founded in 1945.

UN GENERAL ASSEMBLY (UNGA) or (GA)

Serves as the main deliberative, policy making, and representative organ
of the UN. Its powers, composition, functions and procedures are set out
in Chapter IV of the UN Charter. They are responsible for the UN budget, appointing
the non-permanent members to the Security Council, appointing the Secretary-
General of the UN, receiving reports from other parts of the UN system, and making
recommendations through resolutions. The GA is the only UN organ wherein all
member states have equal representation.

UN SECURITY COUNCIL (UNSC)

Charged with ensuring international peace and security, recommending the
admission of new UN members to the General Assembly, and approving
any changes to the UN charter. Its powers include establishing peacekeeping
operations, enacting international sanctions, and authorizing military action. The
UNSC is the only UN body with the authority to issue binding resolutions on
member states.

ECONOMIC AND SOCIAL COUNCIL (ECOSOC)

French: Conseil Economique et Social Des Nations Unies(CESNU)
It is one of the six principal organs of the United Nations, responsible for
coordinating the economic and social fields of the organization, specifically in
regards to the fifteen specialized agencies, the eight functional commissions
and the five regional commissions under its jurisdictions. ECOSOC serves as the
central forum for discussing international economic and social issues and
formulating policy recommendation addressed to member states and the United
Nations system. The council consists of 54 Member States, which are elected
yearly by the General Assembly for overlapping three-year terms. The President
of the council is elected for a one-year term and chosen from the small or medium
sized states represented on the council at the beginning of each new session.

UN TRUSTEESHIP COUNCIL (UNTC)

French: Conseil de tutelle des Nations unies
Established to help ensure that trust territories were administered in the best
interests of their inhabitants and of international peace and security. The trust
territories– most of them former mandates of the League of Nations or territories
taken from nations defeated at the end of World War II – have now all attained
self –government or independence, either as separate nations or by joining
neighboring independent countries.

INTERNATIONAL COURT OF JUSTICE (ICJ)

French: Cour Internationale de justice
Sometimes known as World Court. It settles disputes between states in
accordance with international law and gives advisory opinions on international
legal issues. The ICJ is the only international court that adjudicates general
disputes between countries, with its rulings and opinions serving as primary
sources of international law. The ICJ is the successor of the Permanent Court of
International Justice (PCIJ), which was established in1920 by the League of Nations.
After the second World War, both the league and the PCIJ were replaced by the UN
ICJ, which sets forth its purpose and structure, draws heavily from that of its
predecessor, whose decisions remain valid. The ICJ consists of a panel of 15 judges
elected by the UN General Assembly and Security Council for nine-year
terms. No more than one nationality may be represented on court at the
same time, and judges collectively must reflect the principal civilizations and legal
systems of the world. Its working languages are English and French.

UN SECRETARIAT
French: Secretariat des Nations unies.
It is the UN’s executive arm. The Secretariat has an important role in setting the
agenda for the deliberative and decision-making bodies of the UN (GA, ECOSOC and
UNSC), and the implementation of the decision of these bodies. The Secretary-
General, who is appointed by the General Assembly, is the head of the Secretariat.

D. STANDARD MINIMUM RULES FOR THE TREATMENT OF PRISONERS

The UN Standard Minimum Rules for the Treatment of Prisoners (SMRs) were initially
adopted by the UN Congress on the Prevention of Crime and the Treatment of
Offenders in 1955, and approved by the UN Economic and Social Council in 1957.

The revised Rules are known as the ‘Nelson Mandela Rules‘ to honour the legacy of
the late President of South Africa, Mr. Nelson Rolihlahla Mandela, who spent so many
years of his life in prison.

The rules were first adopted on 30 August 1955 during a UN Congress on the
Prevention of Crime and the Treatment of Offenders, held at Geneva, and approved
by the Economic and Social Council in resolutions of 31 July 1957 and 13 May 1977.

Since their adoption by the Economic and Social Council in 1957, the Standard
Minimum Rules for the Treatment of Prisoners (SMR) have served as the universally
acknowledged minimum standards for the treatment of prisoners. Despite their legally
non-binding nature, the rules have been important worldwide as a source for relevant
national legislation as well as of practical guidance for prison management.

Although not legally binding, the SMRs provide guidelines for international and
domestic law for citizens held in prisons and other forms of custody. The basic
principle described in the standard is that "There shall be no discrimination on grounds
of race, color, sex, language, religion, political or other opinion, national or social
origin, property, birth or other status".

Scope:
Part I contains Rules of General Application. It contains standards which set out what
is generally accepted as being good practices in the treatment of prisoners and the
management of penal institutions. Specifically, it covers issues related to: minimum
standards of accommodation (rules 12 to 17); personal hygiene (18); clothing[3] and
bedding (19 to 21); food (22); exercise (23); medical services (24 to 35); discipline and
punishment (36 to 46); the use of instruments of restraint (47 to 49); complaints (54 to
57); contact with the outside world (58 to 63); the availability of books (64); religion (65
and 66); retention of prisoners' property (67); notification of death, illness, transfer (68
to 70); removal of prisoners (73); the quality and training of prison personnel (74 to
82); and prison inspections (83 to 85).
Part II contains rules applicable to different categories of prisoners including those
under sentence. It contains a number of guiding principles (rules 86 to 90); the
treatment (rehabilitation) of prisoners (91 and 92); classification and individualization
(93 and 94); privileges (95); work[4] (96 to 103); education and recreation (104 and
105); social relations and after-care (106 to 108). Part II also contains rules for
prisoners under arrest or awaiting trial (generally referred to as "remand"), rules for
civil prisoners (for countries where local law permits imprisonment for debt, or by order
of a court for any other non-criminal process) and rules for persons arrested or
detained without charge.

In December 2015, the General Assembly adopted resolution 70/175 entitled "United
Nations Standard Minimum Rules for the Treatment of Prisoners (the Mandela
Rules)". The reference was added not only in recognition of South Africa's major
support to the revision process, but also to honor Nelson Mandela, who spent 27 years
in prisons in the course of his struggle for democracy and the promotion of a culture
of peace. Accordingly, the General Assembly also decided to extend the scope of
International Nelson Mandela Day (18 July) to be also utilized in order to promote
humane prison conditions of imprisonment, to raise awareness about prisoners being
a contiguous subset of society, and to value the work of prison staff as a social service
of importance.