INTERNATIONAL HUMAN RIGHTS:

Foundation, History, and Nexuswith Public Health

Jim Dorsey

DEFINITION

HUMAN RIGHTS are the rights that all people have by virtue of being human beings.

HUMAN RIGHTS are the rights that all people have by virtue of being human beings.

HUMAN RIGHTS are derived from the inherent dignity of the human person and are defined internationally, nationally and locally by various law making bodies.

DEFINITION(source :OHCHR)

Human Rights may be defined as :

Universal legal Guarantees that belong to all human beings and that protect individuals and groups from action and omission that affect fundamental human dignity

Overview

Brief History of International Human Rights*Modern Protection of Human Rights

United NationsRegional OrganizationsLocal Non-Governmental Organizations

Health as a Human right

*Source: “International Human Rights: Law, Policy and Process,” David Weissbrodt, Joan Fitzpatrick and Frank Newman (3d ed. 2001)

Brief History

Antiquity(the period before the Middle Ages.)Code of Hammurabi (This, the earliest known written legal code, was composed about 1780 B.C.E. by Hammurabi, the ruler of Bablyon. This text was excavated in 1901; it was carved on an eight foot high stone monolith. The harsh system of punishment expressed in this text prefigures the concept of 'an eye for an eye'. The Code lays out the basis of both criminal and civil law, and defines procedures for commerce and trade. This text was redacted for 1,500 years, and is considered the predecessor of Jewish and Islamic legal systems alike)

Rights of Athenian citizens (Citizenship allotted many privileges to the population of Athens, thus it was difficult to attain and was only given to a male child if both parents were Athenian. Women were excluded from becoming citizens (with limited exception in the later Hellenistic period). Hereditary links however, did not just determine citizenship. From the time of their birth, young Athenian men were expected to attain an education. Based upon their birth and the wealth of their parents, the length of education was from the age of 5 to 14; for the wealthier 5 to 18, and sometimes into a students' mid-twenties. Unfortunately the above only applied to the 6th Century BC, when formalized schools were established. By the 4th Century BC in Hellenistic Greece, a potential citizen spent 2 years in the gymnasium, and 2 years training in the military, also known as the ephebeia. Citizens had rights which for the most part were limited only to themselves. Namely, a citizen could own land, have heirs, own slaves, belong to the assembly, and could have some political sway. Citizens also played a large part in the year-round religious festivals of Athens.

Brief History

Medieval(Middle Ages)Magna Carta (1215) (A charter of liberty and political rights obtained from King John of England by his rebellious barons at Runnymede in 1215.) The Magna Carta is the basis for most human rights law in all English speaking nations. It was the first time in history that it was established that monarchs are not all powerful, and that governments have certain responsibilities to those they govern…..  The Magna Carte is NOT a single document. It is a series of several. Sections of the 1215 edition are verbatim repetitions of Henry I Charter of Liberties from 1100. Most people are unknowingly referring to the 1225 version as confirmed by Edward I in 1297 when they think they are speaking of the Runnymeade charter.

Sir Thomas Aquinas’ theory of natural rights (13th Century) ( Have not found good definition)

EnlightenmentEnglish Declaration of the Rights of Man (1689)U.S. Declaration of Independence (1776)French Declaration of the Rights of Man and of the Citizen (1789)United States Constitution and Bill of Rights (1789)

Brief History

Early Developments (cont.)International Committee for the Red Cross (1863)Geneva Convention (1864)Hague Conventions (1899 and 1907)League of Nations and the International Labor Organization (1919)

Brief History

Aftermath of World War IIRoosevelt’s Four Freedoms Speech(January 6, 1941)The Atlantic Charter Between the United States and Great Britain (August 14, 1941)The Nuremberg and Tokyo TribunalsCreation of the United Nations (1945)

Brief History

Modern Protection of International Human Rights

The Preamble to the United Nations Charter states that the “Peoples of the United Nations” are determined “to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small.”

Modern Protection of International Human Rights

In 1948, the UN General Assembly adopted the Universal Declaration of Human Rights.* The Declaration enumerates civil, political, economic, social, and cultural rights, but the Declaration contains no provisions for monitoring or enforcement.

* 48-0 with 8 abstentions (Eastern bloc, Saudi Arabia and South Africa)

IndivisibilityInterrelatednessinterdependence

Political Rights

Eco

nom

ical

Rig

hts

Cultural Rights

Soci

al R

ight

s

Summary Human rights are indivisible

and highly interrelated.

Civil rights

Universal Declaration of Human Rights 1948

Civil and Political Rights (ICCPR)

• International covenant on civil and political rights.

(1966, since than 160

states ratified it.)

Economic, social and cultural rights (ICESCR)

• International covenant on economic, social cultural rights

(1966, Since than 157 states ratified it)

Modern Protection of International Human Rights

In 1966, the General Assembly adopted:

The Covenant on Civil and Political Rights (and its First Optional Protocol)The Covenant on Economic, Social and Cultural Rights

which, together with the UDHR, are now known as the International Bill of Human Rights

Covenant on Civil and Political Rights:Prohibits discrimination on the basis of “race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status” without regard to citizenshipProhibits torture and cruel, inhuman or degrading treatment or punishment (personal integrity)Prohibits slaveryLimits the death penalty (in countries that still allow it) to the most serious crimes committed by persons over 18

Covenant on Civil and Political Rights (cont.):Prohibits arbitrary arrest or detentionProtects freedom of movement and residenceProtects the right to trial, presumption of innocence, right to a lawyer, right to an appeal, freedom from self-incrimination, and freedom from double jeopardyProtects freedom of opinion and expressionProtects freedom of association and assemblyPublic emergency exception (but no torture, executions, or slavery is ever permissible)Ratified by the United States in 1992

Covenant on Economic, Social and Cultural Rights:Right to work and make a “decent living for themselves and their families”Safe and healthy working conditionsRight to form trade unions with the right to strikeRight of everyone to Social Security, including social insurance “widest possible protection and assistance should be accorded to the family, which is the natural and fundamental group unit of society”

Covenant on Economic, Social and Cultural Rights (cont.):Right to adequate food, clothing and housing and to the continuous improvement of living conditionsRight to educationRight to heath careEconomic rights are subject to each county’s ability to provide such rights progressively as its resources permitSigned but not ratified by the United States

Modern Protection of International Human Rights

In addition to the International Bill of Human Rights, the United Nations has drafted and promulgated over 80 human rights instruments:

genocideracial discriminationdiscrimination against womenRefugee protectiontorturethe rights of disabled personsthe rights of the child

UN Human Rights Bodies

Security CouncilGeneral AssemblyEconomic and Social CouncilCommission on Human RightsSubcommission on the Promotion and Protection of Human RightsCommission on the Status of Women

UN Human Rights Bodies

Commission on Crime Prevention and Criminal JusticeInternational Court of JusticeInternational Criminal CourtOffice of the High Commissioner for Human Rights (created by the General Assembly in 1993)

UN Human Rights Bodies

Treaty Monitoring BodiesHuman Rights CommitteeCommittee on the Elimination of All Forms of Racial DiscriminationCommittee on the Elimination of Discrimination Against WomenCommittee Against TortureCommittee on the Rights of the ChildCommittee on Economic Social and Cultural Rights

International Court of Justice

General AssemblySecretariat

Economic & social council

Security council

Trusteeship council

Commission on humans rightsInternational Labour organization (ILO)United Nations Children’s Fund (UNICEF)United Nation development fund for WomenUnited nation Educational, Scientific and cultural organization (UNESCO)World Health Organization (WTO)

HUMAN RIGHTS INSTRUMENTS

Human Rights in International Law

Regional Organizations and Law-MakingEuropean Convention for the Protection of Human Rights and Fundamental Freedoms (1950) implemented by the European Commission of Human Rights and the European Court of Human RightsThe American Declaration of the Rights and Duties of Man adopted by the Organization of American States in 1948 and the American Convention on Human Rights adopted by the OAS in 1969 which are implemented by the Inter-American Commission on Human Rights and the Inter- American Court of Human Rights

Human Rights in International Law

Regional Organizations and Law-Making (cont.)

Organization of African Unity was founded in 1963 and adopted the African Charter on Human and Peoples’ Rights in 1981. The African Commission on Human and Peoples’ Rights is charged with supervising the implementation of the African Charter.

Use of State and Federal Courts to Protect Human

Rights

Congress and State Legislatures may enact legislation that specifically incorporates international law into domestic lawJudicial interpretation and application of existing legislative or constitutional provisions

Local Non-Governmental Organizations

Minnesota Advocates for Human RightsAmerican Refugee CommitteeCenter for Victims of TortureInstitute on Agricultural and Trade PolicyUniversity of Minnesota Human Rights Center

NGO Activities

Monitor elections and political trialsInvestigate human rights and conditions

Analyze human rights practices in closed countries – Albania, North Korea, Saudi ArabiaIdentify and analyze conflicts in Chiapas and KosovoChild slavery in Haiti; child health in Mexico, Uganda and the United States

NGO Activities

Lobby United NationsDraft model statutes

Inquest proceduresForensic techniquesDomestic violence laws

Represent political asylum seekersPromote ratification of human rights treaties

Health Care and Human Rights

The revelations of the Nuremberg trials about experiments by physicians on concentration camp inmates led to the creation of the World Medical Association. One of the first acts of the WMA was the revision of the Hippocratic Oath in 1948 to include: “I will not permit consideration of race, religion, nationality, party politics, or social standing to intervene between my duty and my patient.”

Health as a Human Right

The principle of medical neutrality

Source: Geneva Conventions of 1949, Protocol I of 1977

The right to physical and mental healthInternational Covenant of Economic, Social and Cultural RightsConvention on the Rights of the ChildConvention on the Elimination of All Forms of Discrimination Against Women

Principle of Medical Neutrality

A. Rights guaranteed by medical neutrality

1. Protection of the sick and wounded, civilians, and medical personnel

• No torture or cruel, inhuman or degrading treatment

• No killings or disappearances

Principle of Medical Neutrality (cont.)

• No impeding medical functions• No punishment for treating the sick and

wounded or for upholding medical confidentiality

2. Protection of medical facilities and services

• No bombing or shelling of hospitals or clinics

Principle of Medical Neutrality (cont.)

• No incursions into hospitals• No prevention of the function of medical

services in conflict areas or occupied territories

B. Responsibilities required by medical neutrality

1. Proper use of medical facilities

Principle of Medical Neutrality (cont.)

• No misuse of hospital/clinic/ambulance for military purposes

• No misuse of medical emblems for protection

2. No abuse of medical skills• No torture, cruel treatment or interrogation

by medical personnel

Principle of Medical Neutrality (cont.)

• No selective or discriminatory treatment of wounded combatants or civilians on non-medical grounds

• Prohibition of medical treatment given according to military instruction rather than clinical indications

• No breach of medical confidentiality

Sources of Modern Right to Physical and Mental Health

International Covenant on Economic, Social and Cultural Rights, Article 12:

1. The State’s Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.

Sources of Modern Right to Physical and Mental Health

(cont.)

2. The steps to be taken by the State’s Parties to the present Covenant to achieve the full realization of this right shall include those necessary for:a) The provision for reduction of stillbirth rate

and of infant mortality and for the health development of the child;

b) The improvement of all aspects of environmental and industrial hygiene;

Sources of Modern Right to Physical and Mental Health

(cont.)

c) The prevention, treatment and control of epidemic, endemic, occupational and other diseases;

d) The creation of conditions which would assure to all medical service and medical attention in the event of sickness.

Convention on Rights of the Child

Articles 6 in 24 provide for, among other things:

Efforts to combat disease and malnutrition through the application of available technology and the provision of adequate nutritious foods and clean drinking waterAppropriate prenatal and post natal health care for mothers

Convention on Rights of the Child (cont.)

Access to education concerning basic health, nutrition, hygiene, and environmental sanitationPrevention of accidents

Convention on the Elimination of All Forms of Discrimination Against

Women

Articles 11 provides special protection to women during pregnancy with respect to types of work that are proven to be harmful to them.

Convention on the Elimination of All Forms of Discrimination Against

Women (cont.)

Article 12 insures equality of men and women with respect to access to health care services including those related to family planning and specifically providing that women get appropriate services in connection with pregnancy, confinement, and the post natal period, including adequate nutrition during pregnancy and lactation.

Convention on the Elimination of All Forms of Discrimination Against

Women (cont.)

Article 14 provides equal access to women in rural areas to health care facilities including counseling services and family planning.

2742410v1

Where Do Human Rights Begin?

“In small places, close to home, so close and so small that they cannot be seen on any maps of the world. Yet they are the world of the individual person, the neighborhood he lives in, the factory, farm, or office where he worked. Such are the places where every man, woman, and child seeks equal justice, equal opportunity, equal dignity without discrimination. Unless these rights have meaning there, they have little meaning anywhere.”

Eleanor Roosevelt, 1958

Step 1Government ensures the

incorporation and implementation of

accountability process into all policies

Step 2 Continuous Monitoring by government & Civil to find out what is working, what is not and what needs to change

Step 3

Mechanism to access the data; allow explanation and justification of deficiencies; and encourage better performance

The accountability process

Step 4 Remedies if required;

restitution, rehabilitation, satisfaction, and guarantee of non repetition

What do you call a lawyer gone bad?  A: Senator

Q: How can you tell when a lawyer is lying?

        A: His lips are moving.

Thanks for Attention and precious time

Advocate: Rai M Raza Sher Law department hazara university