Lecture--11--IHRL-10062024-102010am.pptx

This presentation is regarding International institutions such as United Nations, International Court of Justice, General Assembly, Security Council.

1. BAHRIA UNIVERSITY LAW SCHOOL TITLE OF COURSE public international law – II BY DR. SABA JAWED

2. OUTLINES OF TODAY’S SESSION Introduction Evolution of IHRL Sources of IHRL Universal Declaration of Human Right (UDHR)

3. Introduction of IHRL International human rights law (IHRL) governs the obligations of States towards citizens and other individuals within their jurisdiction . Human rights law enshrines the highest of human ideals, that every human being has a set of rights and freedoms.  Human rights law is a set of international rules, established by treaty or custom, on the basis of which individuals and groups can expect and/or claim certain rights that must be respected and protected by their States. The body of international human rights standards also contains numerous non-treaty-based principles and guidelines.

4. Introduction of IHRL International human rights law  ( IHRL ) is the body of international law designed to promote  and protect human rights on social, regional, and domestic levels. As a form of international law, international human rights law is primarily made up of  treaties , a greements between sovereign states  intended to have binding legal effect between the parties that have agreed to them; and  customary international law . Other  international human rights instruments , while not legally binding, contribute to the implementation, understanding and development of international human rights law and have been recognized as a source of  political  obligation.

5. Evolution of IHRL Originally, people had rights only because of their membership in a group. The Cyrus Cylinder The Magna Carta (1215) The petition of Right (1628) The US declaration of Independence (1776) The French declaration of Right of man and citizen (1789) The league of Nation (1919) The Universal Declaration of Human Right (1948)

6. Evolution of IHRL The Universal Declaration of Human Right (1948) 48 member out of 58 gave the vote in favour Large number of IHR instrument and covenant came into being: International Covenant 1966: ICCPR and ICESCR European convention for protection of HR 1953.

7. Sources of IHRL International human rights instruments  are the treaties and other international texts that serve as legal sources for international human rights law and the protection of human rights  in general. There are many varying types, but most can be classified into two broad categories: declarations , adopted by bodies such as the United Nation General Assembly, which are by nature declaratory, so not legally-binding although they may be politically authoritative and often express guiding principles; conventions  that are multi-party treaties that are designed to become legally binding, usually include prescriptive and very specific language, and usually are concluded by a long procedure that frequently requires ratification by each states' legislature.

8. Sources of IHRL According to CHR , there are 9  core  international human rights instruments and several optional protocols . Convention on the Elimination of All Forms of Racial Discrimination ( ICERD 1965) International Covenant on Civil and Political Rights  ( ICCPR 1966) International Covenant on Economic, Social, and Cultural Rights ( ICESCR 1966) Convention on the Elimination of All Forms of Discrimination Against Women ( CEDAW 1979) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment  ( CAT 1984) Convention on the Rights of the Child ( CRC 1989) International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families ( ICMW 1990) International Convention for the Protection of All Persons from Enforced Disappearance ( CPED 2006) Convention on the Rights of Persons with Disabilities ( CRPD 2006 )

9. International Covenant on Civil and Political Rights (ICCPR) General rules of obligation of ICCPR: Art 2(1) of ICCPR: “Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour , sex, language, religion, political or other opinion, national or social origin, property, birth or other status”. Positive obligation direct states parties to immediately implement at domestic level Obligations are incurred on a territorial a well as jurisdictional basis by the state parties.

10. International Covenant on Civil and Political Rights ( ICCPR) General rules of obligation of ICCPR: Derogation in time of Public Emergency: Art 4 authorizes a state party to derogate from many of international obligations. However, with some limitations: Limited to time of ‘public emergency which threaten the life of nation’ Public emergency proclaim on both National and International Level ( by UN Secretary General) Circumstances where state must extent ‘strictly required be exigencies of situation As it effect the right prescribed in Declaration, HRC required an explanation of exercise of substantive provision

11. International Covenant on Civil and Political Rights ( ICCPR) General rules of obligation of ICCPR: Derogation in time of Public Emergency: 5) Derogation allow in art 4(2): ‘No derogation from articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18 may be made under this provision’.