Download International Human Rights

International Human Rights
9.3.2011
Universalism v. Regionalism
UDHR, Art. 1
All Human beings are born free and equal in
dignity and rights. They are endowed with
reason and conscience and should act towards
one another in a spirit of brotherhood.
Art. 2
Everyone is entitled to all the rights and
freedoms set forth in this Declaration (…)
CESCR (1966)
• Art. 2.2
“The States Parties to the present Convenant
undertake to guarantee that the rights
enunciated in the present Covenant will be
exercised without discrimination of any kind
as to race, colour, sex, language, religion,
political or other opinion, national or social
origin, property, birth or other status”.
Cf. also Art. 3 CESCR, Art. 2.1 CCPR
Reservations to HR Treaties
CEDAW (1979)
Saudi Arabia:
In case of contradiction between any term of
the Covenant and the norms of Islamic Law,
the Kingom is not under an obligation to
observe the contradictory terms of the
Covenant”
Vienna Declaration and Programme of Action
(World Conference on Human Rights 1993)
5. All human rights are universal, indivisible and
interdependent and interrelated. The international
community must treat human rights globally in a fair and
equal manner, on the same footing, and with the same
emphasis. While the significance of national and regional
particularities and various historical, cultural and
religious backgrounds must be borne in mind, it is the
duty of States, regardless of their political, economic and
cultural systems, to promote and protect all human rights
and fundamental freedoms.
Regional Instruments
 Different emphasis (see ACHPR)
The notion of “margin of appreciation”
Protection of Minorities, specifically of
Indigenous Peoples
The Role of Democracy
Is there a human right to democracy?
National Legal Orders
Article 2 CCPR/CESCR
Subsidiarity